In re: Benitez, No. 19-6030 (8th Cir. 2020)
Annotate this CaseThe bankruptcy appellate panel affirmed the bankruptcy court's dismissal of debtor's Chapter 13 bankruptcy case. The panel held that the bankruptcy court properly dismissed the Chapter 13 case as void because it was a violation of the automatic stay in his pending Chapter 7 bankruptcy case. In this case, by filing his Chapter 13 petition, debtor attempted to exercise control over his interest in the property, which was undisputed to be property of his Chapter 7 bankruptcy estate.
Court Description: [Schermer, Author, with Nail and Shodeen, Bankruptcy Judges] Bankruptcy Appellate Panel. The bankruptcy court did not err in dismissing debtor's Chapter 13 as void because it was in filed violation of the automatic stay in his pending Chapter 7; by filing his Chapter 13 while the stay was in effect, debtor attempted to exercise control over his interest in property which is undisputed to be property of his Chapter 7 bankruptcy estate. [ February 03, 2020 ]
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