Chan Q. Kieu and Quynh Kieu - Page 7

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          under 11 U.S.C. section 362(a)(8) (1988), from filing a petition with this  
          Court at that time.  On November 1, 1994, however, the bankruptcy court     
          entered its order granting Pacific's motion for summary judgment and        
          determined that all of petitioners' debts were nondischargeable under 11    
          U.S.C. section 727 (1988).  On January 23, 1995, the bankruptcy court entered
          an order granting petitioners' motion for relief and vacating its order     
          entered November 1, 1994.  It is under these circumstances that we decide   
          whether the petition filed with this Court on December 12, 1994, was filed in
          violation of the automatic stay.                                            
          Petitioners argue that the bankruptcy court's order of                      
          nondischargeability, entered November 1, 1994, served to deny them a        
          discharge, and, therefore, terminated the automatic stay.  But, petitioners 
          maintain that the bankruptcy court's order entered January 23, 1995, vacating
          its order of November 1, 1994, had the effect of reinstating the automatic  
          stay as of that date.                                                       
          Respondent concurs with the proposition that the order of                   
          nondischargeability had the effect of terminating the automatic stay.       
          Respondent, however, disagrees with petitioners' contention that the        
          bankruptcy court's order entered January 23, 1995, reinstated the automatic 
          stay.  In respondent's view the automatic stay is terminated by the judgment
          of nondischargeability and, absent express language in the bankruptcy court's
          vacating order to the contrary, the stay is not reinstated.                 
          The Automatic Stay                                                          
          While the parties agree that the automatic stay was lifted by the order     
          of nondischargeability, they disagree as to the effect of the order, entered
          approximately 3 months later, that vacated that order.  There are, as we view
          the issue, three possible results.  First, when a judgment described in 11  
          U.S.C. section 362(c) (1988), is vacated the stay is deemed to have been in 







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