Samson

We adopt in full the opinion of the Bankruptcy Appellate Panel in this case, published at 454 B.R. 92 (9th Cir. BAP 2011), which we reproduce below:

The Bankruptcy Code requires an individual debtor in a chapter 7 2 case to un *867 dertake certain obligations with respect to personal property that secures a debt. 11 U.S.C. § 521 (a)(2). A debtor must file a statement of intention indicating whether she intends to surrender or retain such property and must file and perform on her intention within a certain time frame. 11 U.S.C. § 521 (a)(2)(A). If a debtor fails to timely meet those obligations, the automatic stay terminates and the property is removed from the estate unless the chapter 7 trustee obtains a determination that the property is of consequential value or benefit to the estate. 11 U.S.C. §§ 521 (a)(2)(C), 362(h)(1) and (2).

In this case, the debtor did not file a statement of intention with respect to personal property that was pledged to a creditor and the chapter 7 trustee did not seek a determination that the property was of value or benefit to the estate. However, the chapter 7 trustee appeals the bankruptcy court’s ruling that § 362(h) terminated the…