Gruenbaum

Gruenbaum v. Bankers Trust Co.

Good Law
5 F. App'x 757
United States Court of Appeals for the Ninth CircuitMarch 14, 2001No. 99-16233; D.C. No. CV-98-01143-ROSCalifornia1,201 words

Opinion

Lead Opinion

MEMORANDUM *

In this bankruptcy proceeding, the bankruptcy court denied Appellee Bankers Trust’s motion to retroactively annul the automatic stay imposed by 11 U.S.C. § 362 (a). The district court reversed, finding that the bankruptcy court had abused its discretion. Debtor and her sisters (together, “Appellants”) appeal. We have jurisdiction under 28 U.S.C. § 158 (d), and we affirm.

*759 Under 11 U.S.C. § 362 (a)(1), (3), the filing of a petition for bankruptcy automatically stays “the commencement or continuation ... of a judicial, administrative, or other action or proceeding against the debtor ...” and “any act to obtain possession of the property of the estate .... ” The parties do not contest the holding of the bankruptcy court and the district court that the proceedings in the New York Surrogate Court were subject to an automatic stay as a result of Debtor Hannah Goldstein’s bankruptcy. All judicial actions taken during the pendency of the stay are void. In re Nat’l Environmental Waste Corp. (Newco), 129 F.3d 1052 , 1054 (9th Cir.1997). However, “[o]n request of a party in interest ..., the court shall grant relief from the stay ..., such as by terminating, annulling,…

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