Case No. 05-42002.United States Bankruptcy Court, N.D. Indiana, Hammond Division, Lafayette.
May 26, 2006
DECISION
ROBERT GRANT, Bankruptcy Judge
At Fort Wayne, Indiana, on May 26, 2006.
In this chapter 7 case, Washington Mutual Bank, FA 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 January 30, 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.
Debtor’s objection to the motion for relief from stay and abandonment filed on behalf of Washington Mutual Bank, FAis overruled, and that motion should be granted. An order doing so
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will be entered.
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