Case No. 06-30408.United States Bankruptcy Court, N.D. Indiana, South Bend Division.
September 19, 2006
DECISION AND ORDER
THOMAS UTSCHIG, Bankruptcy Judge
At South Bend, Indiana, on September 19, 2006.
In this chapter 7 case, John Bentley has filed a motion for relief from the automatic stay of § 362(a) and for the abandonment of its collateral from the bankruptcy estate. All creditors and parties in interest have been given notice of both the motion and the opportunity to object thereto and no objections have been filed within the time required — with the exception of an objection from the debtor. That objection is the subject of this decision.
The court notes that a discharge was entered in this case on September 5, 2006. Doing so terminated the automatic stay as to all actions except those against property of the bankruptcy estate. See 11 U.S.C. § 362(c)(1), (2)(C). Consequently, the only reason that the property subject to the creditor’s lien continues to be protected by the automatic stay is because it remains property of the bankruptcy estate. See, 11 U.S.C. § 362(a)(3), (4). As to that issue, however, the court has previously determined that a chapter 7 debtor lacks standing to object to the abandonment of property from the bankruptcy estate See, Matter of Drost, 228 B.R. 208 (Bankr. N.D. Ind. 1998). Since the debtor lacks standing to object to abandonment, once that part of the creditor’s request is granted, the last vestiges of the automatic stay will be eliminated. Under these circumstances, there is no reason to give further consideration to the debtor’s objection. To the extent that the creditor’s lien may be avoided under 11 U.S.C. § 522(f), the debtor may seek to do so. Otherwise, the creditor’s lien passes through bankruptcy unaffected, and under 28 U.S.C. § 1334, the court finds that the state courts are the appropriate forum to determine the extent or validity of that lien.
Debtor’s objection to the motion for relief from stay and abandonment filed on behalf of John Bentley is overruled, and relief from the automatic stay is hereby granted.
SO ORDERED.
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