context: Consequently, unable to discern any express or implied manifestations of intent that B.R. 7062 was designed to enlarge the limited application of F.R.Civ.P. 62(a) as described above, this court must find that the ten day stay within those rules was not intended to apply to orders involving the dismissal of bankruptcy petitions without a contrary order of the court. Therefore, because no stay was imposed by Rule 7062, and because the Debtor never secured a stay pending appeal, Cibula was free to pursue his state court remedies with complete immunity immediately upon the effective date of the dismissal.
citation_a.signal: no signal
citation_a.parenthetical: absent order staying dismissal of Chapter 11 case, stay terminated upon dismissal and mortgagee was restored to position it assumed at the commencement of the case
citation_a.sentence: (See In re Lashley, 825 F.2d 362 (11th Cir.1987) (bankruptcy court could not retroactively void foreclosure sale to enable Chapter 13 debtors to pursue appeal in absence of stay pending appeal); Norton v. Hoxie State Bank, 61 B.R. 258 (Bkrtcy.D.Kan.1986) (in accord); Matter of Bluford, 40 B.R. 640 (Bkrtcy.W.D.Mo.1984) (automatic stay does not remain in effect for ten days following dismissal of Chapter 13 petition); In re Linton, 35 B.R. 695 (Bkrtcy.D.Idaho 1983) (perfection of security interest in collateral within 10 days of order dismissing Chapter 13 case held enforceable); In re Weathersfield Farms, Inc., 34 B.R. 435 (Bkrtcy.D.Vt.1983) (absent order staying dismissal of Chapter 11 case, stay terminated upon dismissal and mortgagee was restored to position it assumed at the commencement of the case); Contra In re Cooper, 16 B.R. 19 (Bkrtcy.W.D.Mo.1981) (repossession and sale of automobile within 10 days of dismissal constituted a violation of stay); But c.f.
citation_b.signal: contra
citation_b.parenthetical: repossession and sale of automobile within 10 days of dismissal constituted a violation of stay
citation_b.sentence: (See In re Lashley, 825 F.2d 362 (11th Cir.1987) (bankruptcy court could not retroactively void foreclosure sale to enable Chapter 13 debtors to pursue appeal in absence of stay pending appeal); Norton v. Hoxie State Bank, 61 B.R. 258 (Bkrtcy.D.Kan.1986) (in accord); Matter of Bluford, 40 B.R. 640 (Bkrtcy.W.D.Mo.1984) (automatic stay does not remain in effect for ten days following dismissal of Chapter 13 petition); In re Linton, 35 B.R. 695 (Bkrtcy.D.Idaho 1983) (perfection of security interest in collateral within 10 days of order dismissing Chapter 13 case held enforceable); In re Weathersfield Farms, Inc., 34 B.R. 435 (Bkrtcy.D.Vt.1983) (absent order staying dismissal of Chapter 11 case, stay terminated upon dismissal and mortgagee was restored to position it assumed at the commencement of the case); Contra In re Cooper, 16 B.R. 19 (Bkrtcy.W.D.Mo.1981) (repossession and sale of automobile within 10 days of dismissal constituted a violation of stay); But c.f.