Gladiz Hernandez

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
GLADIZ HERNANDEZ,
Debtor.
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Case No. 08-00730
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER STRIKING LETTER FILED BY DEBTOR
The debtor filed a letter on December 23, 2008, asking the
court to extend the automatic stay in this case for 60 days, and
alleging that her lender is trying to foreclose on her home. 	The
letter was not filed as a motion and served on the lender with
notice under Local Bankruptcy Rule 9013-1 of an opportunity to
oppose the motion. 	I will strike the letter for that reason and
for the following additional reasons.
The automatic stay cannot be put back into place in a
dismissed case so long as the case remains dismissed. 	This case
was dismissed on November 20, 2008, with prejudice for 180 days
for failure to pay the filing fee, and the case was closed on
December 16, 2008. 	Before the court could consider a request for
any relief, the debtor would first have to file a motion to
The order below is hereby signed.
Signed: January 11, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 08-00730 Doc 24 Filed 01/12/09 Entered 01/12/09 08:46:47 Desc Main
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reopen the case in order to consider a motion to vacate the order
of dismissal. 	The debtor has stated no reason why the case
should be reopened if the filing fee remains unpaid. 	Moreover, a
motion to reopen the case would trigger fees totaling $260
pursuant to items 9 and 11 of the Miscellaneous Fee Schedule
(Appendix to 28 U.S.C. § 1930), unless the court waived the fee
upon a showing of good cause for waiver.
Finally, the lender’s motion for relief from the automatic
stay was pending when the case was dismissed, and the debtor does
not suggest that she would have any defense to the motion for
relief from the automatic stay. 	In a chapter 7 case, with
exceptions of no applicability here, the debtor has no bankruptcy
right to alter the nonbankruptcy law entitlements of a secured
creditor pursuant to its lien. 	Accordingly, a creditor is
ordinarily entitled to relief from the automatic stay unless the
chapter 7 trustee as representative of the estate opposes the
motion (for example, in order to sell the property for the
benefit of unsecured creditors). 	Accordingly, if a motion to
reopen were filed, it does not appear that there would be a good
reason for granting the motion to reopen.
For all of these reasons, it is
ORDERED that the debtor’s letter is stricken.
[Signed and dated above.]
Copies to: Debtor; Office of United States Trustee.
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