Enrique Perez and Bella Perez

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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MEMORANDUM AND ORDER
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	Case No. 08-42277 J
ENRIQUE and BELLA PEREZ,
Debtors. 	/
MEMORANDUM AND ORDER
The above debtors have moved this court for an order setting
aside a trustee’s sale of certain property situated in Las Vegas,
Nevada. 	On July 7, 2008, the court entered an order lifting the
automatic stay under Bankruptcy Code § 362(a) with respect to the
subject property. 	The sale occurred on or about August 5, 2008,
approximately one month later. 	The debtors’ motion alleges that the
debtors converted their chapter 7 case to chapter 11 on July 29,
2008, before the trustee’s sale, and that the sale was therefore
invalid.
The court will deny the motion. 	The conversion of a bankruptcy
case from one chapter to another does not impose a new automatic
stay if the automatic stay had been lifted prior to the conversion.
Signed: August 13, 2008

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
August 13, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-42277 Doc# 91 Filed: 08/13/08 Entered: 08/13/08 16:15:25 Page 1 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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2	MEMORANDUM AND ORDER
Bankruptcy Code § 362(a). 	In re Ramirez, 188 B.R. 413 (9th Cir. BAP
1995); In re State Airlines, Inc., 873 F.2d 264 (11th Cir. 1989).
Consequently, the trustee’s sale was not conducted in violation of
the automatic stay.
Therefore, it is ordered that the debtors’ motion is denied.
END OF ORDER
Case: 08-42277 Doc# 91 Filed: 08/13/08 Entered: 08/13/08 16:15:25 Page 2 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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3	MEMORANDUM AND ORDER
COURT SERVICE LIST
Enrique and Bella Perez
3158 14 th Street
San Pablo, CA 94806
Steven W. Pite
Pite Duncan, LLP
P.O. Box 12289
El Cajon, CA 92022-2289
Case: 08-42277 Doc# 91 Filed: 08/13/08 Entered: 08/13/08 16:15:25 Page 3 of 3