Property Abandoned is Stil Subject to the Automatic Stay Until the Stay is Terminated (9th Cir. BAP Published)

Once property is abandoned the property is no longer property of the Bankruptcy Estate as it reverts in the Debtor as of the date of the filing of the petition (just like no bankruptcy was filed).  However, the property is still subject to the automatic stay under 362(a)(5).  By utilizing statutory construction, the BAP found that despite the abandonment and the Bankruptcy Court's belief that the stay is terminated upon abandonment, the property was still subject to the stay. An interesting and well developed decision.

In re Gasprom 9th Cir. BAP