Sonya Laraye Owens

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
SONYA LaRAYE OWENS,
Debtor.
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Case No. 07-00547
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE EFFECT OF
APPEAL OF LIFT STAY ORDER TO DISTRICT COURT
ON BANKRUPTCY COURT’S ABILITY TO RULE ON MOTION TO DISMISS CASE
The trustee’s motion to dismiss this case is unopposed. 	The
debtor has an appeal pending in the District Court (Civil Action
No. 08-2194) from this court’s order granting a creditor relief
from the automatic stay. 	The dismissal of the case will
terminate the automatic stay pursuant to 11 U.S.C. § 362(c)(1)
and (2), and may moot the appeal. 	But that does not require this
court not to act on the motion to dismiss during the pendency of
the appeal. 	The appeal addresses a discrete issue of whether the
automatic stay should have been lifted before the automatic stay
terminated by operation of 11 U.S.C. § 362(c)(1) and (2). 	The
appeal thus does not bar this court from entering an order
dismissing the bankruptcy case with the collateral consequence of
The document below is hereby signed.
Signed: February 06, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 07-00547 Doc 176 Filed 02/06/09 Entered 02/06/09 10:15:47 Desc Main
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terminating the automatic stay pursuant to § 362(c)(1) and (2).
The court notes that beyond the appeal being possibly mooted
by reason of the dismissal of the bankruptcy case, the appeal
might be dismissed as well because:
• 	the $255 in fees relating to the appeal were not paid;
and
• 	no designation of the record on appeal was timely filed
in the Bankruptcy Court.
An order follows granting the trustee’s motion to dismiss.
[Signed and dated above.]
Copies to:
Debtor
Chapter 13 Trustee
Kevin Feig, Esq.
Honorable John D. Bates (assigned District Court Case Number
1:08-cv-2194).
Case 07-00547 Doc 176 Filed 02/06/09 Entered 02/06/09 10:15:47 Desc Main
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