In re Tranter

In In re Tranter, 171 BR 256, 260 (WD Mich, 1994), the United States Bankruptcy Court for the Western District of Michigan held that hearings pursuant to MCL 211.131e; MSA 7.190(3) clearly "constitute the continuation of a proceeding" within the meaning of subsection 362(a) and are therefore violations of the automatic stay. Although the trial court recognized this, it nonetheless addressed the application of subsections 362(b)(3) and subsection 546(b)(1)(A), which had not been raised by the parties. Subsection 362(b)(3) provides that the stay provided for under subsection 362(a) is inapplicable to "any act to perfect, or to maintain or continue the perfection of, an interest in property to the extent that the trustee's rights and powers are subject to such perfection under section 546(b) of this title . . . ." Subsection 546(b)(1)(A) subordinates the trustee's rights and powers to "any generally applicable law which permits perfection of an interest in property to be effective against an entity that acquires rights in such property before the date of perfection."