- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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