Stated another way, even though Beneficial received relief from the automatic stay, it could not ride the coattails of Citizens' requested Sheriff's sale because Citizens was still deterred by the automatic stay. Beneficial's argument is that it does not have to lodge its own request in the praecipe book. The lodging of a request to issue a certified judgment is not jurisdictional. Rather, its judgment is contained in the same judgment document as Citizens' and Beneficial should be able to rely on Citizens' request for a sale. Moreover, Citizens did not bid at the sale, only Beneficial did.
Debtor also asserts equitable arguments.
Debtor claims the granting of the abandonment and relief from stay in the early stage of a Chapter 13 proceeding where the schedules and plan of the debtor had not yet been filed is inappropriate. Finally, the debtor claims surprise. She asserts that the relief from stay was buried in the application for abandonment. The debtor's complaint and motion raises two issues to be decided by us. 362 operates as a stay, applicable to all entities, of the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of a bankruptcy case.