In In re Jackson, 133 B.R. 541 (Bankr. W.D.Okla.), the collateral of two pawn transactions were still subject to redemption on the Petition Date, as in the instant case. The collateral was held to be part of the bankruptcy estate. Cash America did not dispute this fact.
The Court finds that to answer the question of whether the bankruptcy court erred, as a matter of law, in holding that a debtor’s contractual right to redeem pawned property from a Texas pawn shop can be modified in a Chapter 13 proceeding it must consider the next issue raised by Appellants, that is, the propriety of the application of automatic stay provision.
Appellant argues that the bankruptcy court erred when it found that Cash America was stayed by § 362(a) from taking the final act to gain ownership of the pawned property, namely, making the notation on the fourth section of the pawn record as required by the Texas Administrative Code
ISSUE THREE: Did the bankruptcy court err in applying the automatic stay provided for in 11 U.S.C. § 362(a) of the Bankruptcy Code to these “pawn transactions” as defined in Texas Civil Statutes, Article 5069-(h)?
Appellant asserts that in applying the stay provisions of § 362(a) the bankruptcy court indefinitely extended the statutory redemption period provided to the Debtors under the Texas Pawnshop Act. Appellants argue that there is no persuasive authority for this position and that § 108(b) governs this situation.
J.1987); First National Bank of Vermont v
Courts have divided as to whether a statutory redemption period is stayed by § 362(a). It has been held that if the automatic stay of § 362 were found to prevail over § 108(b), the effect would be to enlarge property rights granted and circumscribed by state law, thus rendering the pertinent time allotments of § 108 unnecessary. Johnson v. First Nat’l Bank, 719 F.2d 270 (8th Cir. 1983), cert. denied, 465 U.S. 1012, 104 S. Ct. 1015, 79 L. Ed. 2d 245 (1984); Counties Contracting & Constr. Co. v. Constitution Life Ins. Co., 855 F.2d 1054 (3d Cir.1988). In addition, specific statutory references, such as those specifically referring to redemptions in § 108, are held to control over those which are general, such as the general provisions of § 362(a). In re Farmer, 81 B.R. 857, 861 (Bankr.E.D.Pa.1988). Accordingly, a number of courts have found that § 362(a) does not toll the running of the time period for redemption installment loans Washington and that the only available extension of time for such periods is the 60 days provided for in § 108(b). Counties Contracting, 855 F.2d at 1059; In re Whispering Bay Campground, 850 F.2d 443, 446 (8th Cir. 1988); In re Carver, 828 F.2d 463, 464 (8th Cir.1987); In re Glenn, 760 F.2d 1428, 1440 (6th Cir.) cert. denied, 474 U.S. 849, 106 S. Ct. 144, 88 L. Ed. 2d 119 (1985); In re Tynan, 773 F.2d 177 (7th Cir.1985); In Johnson v. First Nat. Bank of Montevideo, Minn., 719 F.2d 270 (8th Cir.1983); In re Martinson, 731 F.2d 543 (8th Cir.1984); In re Tabor, 65 B.R. *423 42 (N.D.Ohio 1986); In re Lally, 51 B.R. 204 (N.D.Iowa 1985); Bank of Commonwealth v. Bevan, 13 B.R. 989 (E.D.Mich.1981), In re Trust Nos. 101B, 102, 77 B.R. 973 (Bankr. S.D.Fla.1987); In re Liddle, 75 B.R. 41 (Bankr.D.Mont.1987); In re Brown, 73 B.R. 306 (Bankr.D.N. L.H. & A. Realty Co., 57 B.R. 265 (Bankr.D.Vt.1986); In re Roberson, 53 B.R. 37 (Bankr.M.D.Fla.1985); In re Hand, 52 B.R. 65 (Bankr.M.D.Fla.1985); In re Kangas, 46 B.R. 102 (Bankr.D.Minn.1985); In re Sarasota Land Co., 36 B.R. 563 (Bankr. M.D.Fla.1983); In re Markee, 31 B.R. 429 (Bankr.D.Idaho 1983); In re Owens, 27 B.R. 946 (Bankr.E.D.Mich.1983).