Holloway v. Valley Auto Sales (In re Holloway)

MEMORANDUM DECISION

William R. Sawyer, United States Bankruptcy Judge

The automatic stay, under 11 U.S.C. § 362, initially arises upon filing a bankruptcy petition and is one of the fundamental aspects of bankruptcy laws. It provides a debtor with a breathing spell from her creditors while, at the same time, ensuring that all creditors are treated equally.1 If the bankruptcy case is dismissed, then there is no automatic stay for it does not survive without the underlying case. The question, however, is whether the automatic stay is reimposed upon vacating an order dismissing a Chapter 13 case…