Opinion
Case No. 6:07-bk-05916-ABB.
February 27, 2008
ORDER
This matter came before the Court on the unopposed Motion to Confirm Termination of the Automatic Stay Pursuant to 11 U.S.C. Section 362(j) (Doc. No. 29) ("Motion") filed by DaimlerChrysler Financial Services Americas, LLC ("Movant"). Michele R. Perrin, a/k/a Michele R. Langworthy, a/k/a Michele R. Brokaw, the Debtor herein ("Debtor"), filed this individual Chapter 7 bankruptcy case on November 20, 2007 ("Petition Date"). Movant holds a security interest in the Debtor's 2003 Dodge Dakota VIN 1D7HL38N435382608 ("Vehicle") pursuant to a Retail Installment Contract executed by the Debtor on November 1, 2003.
The Debtor sets forth in her Statement of Intention she intends to reaffirm the Vehicle debt (Doc. No. 1). The Debtor's Section 341 meeting of creditors was held and concluded on December 26, 2007. The Debtor did not enter into a reaffirmation agreement with Movant within thirty days of the Section 341 meeting pursuant to 11 U.S.C. Section 521(a)(2)(B) or redeem the Vehicle within forty-five days of the Section 341 meeting pursuant to 11 U.S.C. Section 521(a)(6).
The automatic stay of 11 U.S.C. Section 362(a) immediately arose on the Petition Date. Section 362(c)(1) of the Bankruptcy Code provides the automatic stay continues against property of the estate "until such property is no longer property of the estate." The Vehicle is no longer property of the estate and the automatic stay has terminated pursuant to 11 U.S.C Sections 521(a)(6), 362(c)(1), and 362(h)(1). This Order is being issued pursuant to Section 362(j) confirming the automatic stay has terminated.
Section 362(j) provides: "On request of a party in interest, the court shall issue an order under subsection (c) confirming that the automatic stay has been terminated."
Accordingly, it is
ORDERED, ADJUDGED and DECREED that the Movant's Motion is hereby GRANTED and, pursuant to 11 U.S.C. Sections 521(a)(6), 362(c)(1), and 362(h)(1), the Vehicle is no longer property of the estate and the automatic stay of 11 U.S.C. Section 362(a) has terminated.