- 7 - Petitioners contend, without citing any authority, that the bankruptcy court's order providing for the conditional dismissal of their case is not sufficient to terminate the automatic stay. Relying on cases such as Allison v. Commissioner, supra, and Smith v. Commissioner, supra, respondent maintains that, despite the conditions set forth therein, the bankruptcy court's order of dismissal terminated the automatic stay. We agree with respondent. As previously discussed, the automatic stay imposed under 11 U.S.C. section 362(a)(8) (1988), generally 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); Smith v. Commissioner, supra at 14. Though not expressly cited in the order of dismissal, it is evident that the bankruptcy court dismissed petitioners' case pursuant to 11 U.S.C. section 1112(b) (1988), which provides that the bankruptcy court may, for cause, convert a case under chapter 11 to a case under chapter 7 or dismiss the case, whichever is in the best interests of the creditors and the bankruptcy estate. The dismissal of a chapter 11 bankruptcy case pursuant to 11 U.S.C. section 1112(b) (1988), generally terminates the automatic stay. See In re 266 Washington Associates, 141 Bankr. 275, 288 (Bankr. E.D.N.Y. 1992); In re Lumber Exchange Ltd. Partnership, 125 Bankr. 1000 (Bankr. D. Minn. 1991), affd. 968 F.2d 647 (8th Cir.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011