611 B.R. 106 (8th Cir. BAP. 2020), 19-6030, In re Benitez

Docket Nº:19-6030
Citation:611 B.R. 106
Opinion Judge:SCHERMER, Bankruptcy Judge
Party Name:IN RE: Miguel Ignacio BENITEZ, Debtor-Appellant
Attorney:The appellant, Mr. Miguel Ignacio Benitez, was not represented by counsel; he resides in Parkville, Missouri. There were no appellees to this appeal.
Judge Panel:Before SCHERMER, NAIL and SHODEEN, Bankruptcy Judges.
Case Date:February 04, 2020
Court:United States Bankruptcy Courts, Eighth Circuit

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611 B.R. 106 (8th Cir. BAP. 2020)

IN RE: Miguel Ignacio BENITEZ, Debtor-Appellant

No. 19-6030

United States Bankruptcy Appellate Panel of the Eighth Circuit

February 4, 2020

Submitted: January 14, 2020

Page 107

Appeal from United States Bankruptcy Court for the Western District of Missouri - St. Joseph

The appellant, Mr. Miguel Ignacio Benitez, was not represented by counsel; he resides in Parkville, Missouri.

There were no appellees to this appeal.

Before SCHERMER, NAIL and SHODEEN, Bankruptcy Judges.

OPINION

SCHERMER, Bankruptcy Judge

Miguel Ignacio Benitez (Debtor) appeals the bankruptcy court’s1 dismissal of his Chapter 13 bankruptcy case. We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. § 158(b). For the reasons that follow, we affirm.

ISSUE

The issue on appeal is whether the bankruptcy court properly dismissed the Debtor’s Chapter 13 case as void because it was a violation of the automatic stay in

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his pending Chapter 7 bankruptcy case. We hold that it did.

BACKGROUND

In 2017, the Debtor filed a Chapter 7 bankruptcy petition. The bankruptcy court granted the motion for relief from the automatic stay filed by a secured creditor, PBS Credit Services, Inc. (Creditor), with respect to real property (Property) in which the Debtor held an interest. The court also denied the Debtor’s motion "for reconsideration of" the order granting stay relief.

Less than two weeks after the bankruptcy court denied the Debtors request to reconsider its stay relief order, and while his Chapter 7 case was pending, the Debtor filed his Chapter 13 petition. He had not obtained a Chapter 7 discharge and the Chapter 7 trustee had not abandoned the Property. The bankruptcy court promptly issued an order requiring the Debtor to appear and show cause why his Chapter 13 case should not be dismissed as a violation of the automatic stay in his already-pending Chapter 7 case. After a hearing at which the Debtor appeared and argued, the bankruptcy court dismissed the Debtors Chapter 13 case as a violation of the automatic stay in his...

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