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NJ BANKRUPTCY LAW: I own a rental property and my tenant…

NJ BANKRUPTCY LAW: I own a...
NJ BANKRUPTCY LAW:
I own a rental property and my tenant filed Bankruptcy Chp 13 on 1/13/17 - Bankruptcy was Dismissed on 5/15/17 - A motion to Reinstate Bankruptcy was filed on 5/17/17 with Hearing on 6/6/17 - QUESTION = Can I file a Motion for Relief from Automatic Stay on 5/23/17 (in case the Reinstatement is allowed) or Do I have to wait until 6/6/17 after the Reinstatement is Order by Court?
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Answered in 34 minutes by:
5/22/2017
legalg
legalg, Attorney
Category: Bankruptcy Law
Satisfied Customers: 11,929
Experience: General Practitioner
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Bankruptcy Law Question

If the case was dismissed there is no property in the estate until the motion to reinstate is granted; here is case law that discusses this issue;
http://www.arb.uscourts.gov/orders-rules-opinions/opinions/taylor/Searcy.pdf

Related to the reinstatement of the case, the debtors are asking the Court to apply the automatic stay retroactively to either the date of the entry of the order of dismissal, or the filing of the motion to reinstate. This relief is not available to the debtors. The bankruptcy code provides that the automatic stay of an act against property of the estate continues until the property is no longer property of the estate. 11 U.S.C. § 362(c)(1). Upon dismissal of a case, property of the estate revests in the entity in which such property was vested immediately before the case commenced, and is no longer property of the estate. 11 U.S.C. § 349(b)(3). Likewise, the automatic stay of an act against the debtor or property of the debtor continues until the earlier of the time the case is closed, dismissed, or a discharge is granted or denied. 11 U.S.C. § 362(c)(2). Therefore, when this case was dismissed, the automatic stay was terminated. When a case is reinstated, the automatic stay is also reinstated. However, reinstating the case does not retroactively reinstate the automatic stay during the period of time the case was dismissed with respect to creditor conduct that occurred between the dismissal and the reinstatement. See In re Hill, 305 B.R. 100, 104-06 (Bankr. M.D. Fla. 2003) (citing numerous cases in support). Although the bankruptcy code permits the court to retroactively grant a relief from stay by annulling the stay, there is no authority that permits the court to retroactively impose a stay

The court goes on to discuss the options (page 4, bottom) that the debtors could have taken;

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