Vitalich
Vitalich v. Bank of New York Mellon
Opinion
Lead Opinion
Freeman, J.
ORDER AFFIRMING BANKRUPTCY COURT’S ORDER ON MOTION FOR AN ORDER CONFIRMING NO AUTOMATIC STAY IN EF- • FECT I
Debtor/Appellant John Vitalich, proceeding pro se, has appealed an order of *504 the Bankruptcy Court holding that the automatic stay terminated on December 6, 2015 with respect to the interest of Appel-lee BNY Mellon 1 in certain property of the bankruptcy estate, specifically, a parcel of real property located in Seaside, California (“the Seaside property”). The appeal turns on the question of whether the Bankruptcy Court properly applied 11 U.S.C. § 362 (c)(3)(A) to terminate the automatic stay not only as to the debtor and the debtor’s property, but also as to the property of the bankruptcy estate. For the reasons discussed below, the Bankruptcy Court’s order is AFFIRMED.
I. BACKGROUND
Vitalieh has filed serial bankruptcy cases and adversary proceedings which have prevented BNY Mellon from foreclosing on the Seaside property for more than eight years. Vitalieh filed the Chapter 11 petition in the current ease on November 6, 2015. Petition, Appellee’s Suppl. Appx. Tab BDE # 1, ECF 27~2. 2 On December 1, 2015, Vitalieh filed a “Motion for an Order to Extend or Impose…