Judith K. Guerra, a.k.a. Judith Harvey - Page 9

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          Respondent reasons that, because the dismissal order never became           
          final, and consistent with the bankruptcy court's subsequent                
          decision to reinstate petitioner's bankruptcy case, the automatic           
          stay remained in effect at all times.  In the alternative,                  
          respondent contends that the bankruptcy court's February 12, 1997           
          order reinstating petitioner's case caused the automatic stay to            
          be reinstated on that date.                                                 
               Contrary to respondent's position, we conclude that the                
          bankruptcy court's January 21, 1997, order of dismissal                     
          terminated the automatic stay.  Under the circumstances, we are             
          not satisfied that petitioner's motion for reconsideration                  
          precluded the bankruptcy court's order of dismissal from becoming           
          final insofar as that order served to terminate the automatic               
          stay. Respondent cites no direct authority for the proposition              
          that the filing of petitioner's motion for reconsideration with             
          the bankruptcy court caused the automatic stay to remain in                 
          effect.  On the other hand, at least one appellate court has held           
          that the automatic stay terminated immediately upon the dismissal           
          of the debtor's bankruptcy case for failure to properly                     
          prosecute, notwithstanding that the debtor undertook to file a              
          motion for reconsideration with the bankruptcy court within 10              
          days of the order of dismissal.  See In re De Jesus Saez, 721               


          6(...continued)                                                             
                    (e) Motion to Alter or Amend Judgment.  A motion                  
               to alter or amend the judgment shall be served not                     
               later than 10 days after entry of the judgment.                        



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