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effect and any action taken in the interim is in violation of the stay.
Second, as petitioner contends, if the stay is lifted by a judgment described
in 11 U.S.C. section 362(c) (1988), and that order is vacated, the stay is
automatically reimposed. Third, as respondent contends, once the stay is
lifted by an order described in 11 U.S.C. section 362(c) (1988), it is not
automatically reimposed. In discussing these alternatives, we begin with the
question whether the bankruptcy court's order entered November 1, 1994, had
the effect of terminating the automatic stay.
As previously discussed, the automatic stay imposed under 11 U.S.C.
section 362(a)(8) (1988), normally remains in effect until the earliest of the
closing of the case, dismissal of the case, or the grant or denial of a
discharge. 11 U.S.C. sec. 362(c)(2) (1988). Consistent with the plain
language of 11 U.S.C. section 362(c)(2)(C) (1988), we agree with the parties
that the bankruptcy court's order entered November 1, 1994, wherein the
bankruptcy court ruled that petitioners' debts were nondischargeable under 11
U.S.C. section 727 (1988), served to terminate the automatic stay of
proceedings in this Court.5 See In re Calder, 973 F.2d 862, 867 (10th Cir.
1992); see also In re Trevino, 78 Bankr. 29, 37 (Bankr. M.D. Pa. 1987). Cf.
In re De Jesus Saez, 721 F.2d 848 (1st Cir. 1983) (automatic stay lifted by
dismissal of chapter 13 petition); Smith v. Commissioner, 96 T.C. 10 (1991)
(automatic stay terminated as the result of a waiver of discharge by the
taxpayer/debtor); In re Weston, 110 Bankr. 452 (E.D. Cal. 1989) (automatic
stay lifted by dismissal of chapter 11 petition), affd. without published
opinion 967 F.2d 596 (9th Cir. 1992).
Reinstating a Stay
5 There is no evidence in the record that the bankruptcy court intended
for its Nov. 1, 1994, order to have any other effect or that petitioners
sought a continuance of the automatic stay pending the filing of their motion
for relief.
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