In re Blixseth

1 Citing case

  1. In re Padilla

    No. 7-09-15203 JR, Adversary No. 10-1098 J (Bankr. D.N.M. Nov. 16, 2010)

    Cf. In re Blixseth, 2010 WL 3222537, at *3 (Bankr.D.Mont. August 16, 2010) (stating that "[s]ubsection 521(a)(2) plainly applies only in the context of Chapter 7 and thus, § 362(h) was not triggered until Debtor's case was converted to Chapter 7" and finding further that "[t]he language of 362(h) is not ambiguous. Stay relief takes place by operation of law on the terms and conditions specified in 11 U.S.C. § 362(h)."); In re Hoisington, 383 B.R. 369, 372 (Bankr.D.S.C. 2008) (concluding that the stay terminated by operation of law upon the debtor's failure to comply with the requirements of § 521(a), so that no stay prevented the creditor from exercising its remedies against its collateral); In re Conley, 2009 WL 4349931, at *1 (Bankr.N.D.Cal. Nov. 23, 2009) (finding that the stay terminated by operation of law upon debtor's failure to perform her stated intention and noting that under 362(h)(1), the stay is terminated if the debtor fails to file a statement of intention); Noland v. HSBC Auto Finance, Inc. (In re Baine), 393 B.R. 561, 564 and 565 (Bankr.S.D.