Imperial Standard LLC

• Court: United States Bankruptcy Court, C.D. California
• Decided: January 14, 2021
• Docket: 2:20-bk-15086
• Status: Unknown

Opinion

1 2 FILED & ENTERED 3 4 JAN 14 2021 5 CLERK U.S. BANKRUPTCY COURT 6 BY bakchell DEPUTY CLERK UNITED STATES BANKRUPTCY COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 LOS ANGELES DIVISION 10 11 12 |l In re: Case No. 2:20-bk-15086-RK 13 || IMPERIAL STANDARD LLC, Chapter 7 14 ORDER DENYING DEBTOR’S MOTION TO 1 IMPOSE OR CONTINUE THE AUTOMATIC STAY 16 17 Debtor. 18 This bankruptcy case came on for hearing before the court on September 9, 19 2020 on debtor’s motion to reimpose the automatic stay in this case. Appearances 20 || were made as noted on the record. For the reasons stated on the record and in the 21 || court’s tentative ruling on the matter posted on the court’s website before the hearing 22 (copy attached hereto), the motion is denied. 23 ITISSOORDERED. ###

25 Date: January 14, 2021 Robert Kwan 26 United States Bankruptcy Judge 27 28

1 ATTACHMENT – TENTATIVE RULING 2 Revised and updated tentative ruling as of 9/8/2020 at 6:00 p.m. Deny debtor's motion to reimpose automatic stay. The statutory provision cited in the motion as the basis for 3 relief, 11 U.S.C. 362(c)(4), to impose or continue the automatic stay is inapplicable 4 since that statute applies to individual debtors who have had 2 or more bankruptcy cases pending within the previous year, but were dismissed. In any event, in this case 5 involving a nonindividual debtor, the automatic stay was lifted by the court's order entered on 8/21/20, which became final on 9/4/20. Once the automatic stay has been 6 lifted, it cannot be "reinstated." In re Canter, 299 F.3d 1150, 1155 n. 1 (9th Cir. 7 2002). Equivalent relief by request for an injunction pursuant to 11 U.S.C. § 105(a) may be available, but only by adversary proceeding. In re Wallace, 2012 WL 202586 at *2 8 (Bankr. D. Idaho 2012) (to the extent that debtors sought reimposition of a stay that had been lifted, this would be injunctive relief, and "injunctive relief must be sought by an 9 adversary proceeding, see Fed. R. Bankr.P. 7001(7), and the several requirements for 10 injunctive relief under Fed. R. Civ. P. 65, incorporated by Fed. R. Bankr.P. 7065, must be satisfied."); In re Little, 2007 WL 9775631, 2007 U.S. Dist. LEXIS 117003 at *7-9 11 (W.D. Wash. 2007).

12 Similarly, Debtor’s Motion to Convert, even if it was being heard on shortened time, 13 does not impact the stay relief order nor reimpose the automatic stay. In re Winner, 2020 WL 3634259 at *2 (Robles, J.) (Bankr. C.D. Cal. 2020); In re Ramirez, 188 B.R. 14 413, 415 (Klein, J., concurring) (9th Cir. BAP 1995) (noting that in order to "have a vacated stay ‘reimposed,’" one must file an adversary proceeding seeking an injunction 15 [FRBP 7065] or a motion for reconsideration under FRCP 59(e) or 60). 16 Appearances are required on 9/9/20, but counsel and self-represented parties must 17 appear by telephone.

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