CHRISTOPHER KLEIN, Bankruptcy Judge
These findings of fact and conclusions of law, which are not intended for publication, are rendered in this contested matter pursuant to Federal Rule of Civil Procedure 52 as incorporated by Federal Rules of Bankruptcy Procedure 7052 and 9014.
Jurisdiction
Jurisdiction is founded upon 28 U.S.C. § 1334. This is a core proceeding. 28 U.S.C. § 157(b)(2)(G).
Findings of Fact
Debtor filed her voluntary chapter 7 petition on March 5, 2007. She scheduled real property commonly known as 233 Tamarisk Circle, Suisun City, CA 94585 ("property") as property of the estate. The first meeting of creditors was held on April 12, 2007. The chapter 7 trustee filed a report finding that there is property available for distribution from the estate over and above that exempted by the debtor. Debtor was discharged from all dischargeable debts on June 19, 2007.
On June 19, 2007, Wilshire Credit Corp. ("movant") filed a motion, notice, and declaration requesting that this court vacate the automatic stay to permit movant to foreclose upon the property. The fair market value of the property is approximately $464,754. Movant has a lien on the property in the approximate amount of $409,687.34. There are other liens against the property in the approximate amount of $49,461.
The trustee filed a notice of non-opposition to the motion on June 25, 2007.
No opposition to the motion was filed within the time prescribed by Local Bankruptcy Rule 9014-1(f)(1). The parties have consented to taking evidence by affidavit and have not demonstrated that there is any disputed material factual issue that would warrant an evidentiary hearing. See L. Bankr. R. 9014-1(f)(1). The evidentiary record is closed. Id.
Upon review of the record, the court determined that the written record was adequate and that no oral argument is necessary.
Conclusions of Law
The automatic stay of acts against debtor in personam expires when the debtor is granted a discharge. 11 U.S.C. § 362(c)(2)(C). Acts against property of the estate remain stayed until the earliest of the time when the bankruptcy case is closed, dismissed, or the property ceases to be property of the estate. 11 U.S.C. § 362(c). The automatic stay may be terminated earlier if debtor fails to protect the secured party's interest adequately, § 362(d)(1), and, with respect to a stay of an act against property, debtor does not have equity in the property, § 362(d)(2)(A), and the property is not necessary to an effective reorganization. 11 U.S.C. § 362(d)(2)(B). The issue of whether the property is necessary to an effective reorganization is not considered in a chapter 7 case because no reorganization is contemplated in a chapter 7 case.
Although the debtor appears to have some equity in the property, since the debtor was granted a discharge, the automatic stay has expired as to the debtor. Thus, the motion insofar as it is directed at the interest of the debtor is moot and will be denied.
However, the motion will be granted as to the interest of the trustee.
An appropriate order will issue.