Lompagno v. Salomon Brothers, First Circuit Court of Appeals In the Lompagno case, the First Circuit decided that a dismissed Chapter 13 case, which is later reinstated, does not cause the automatic stay to be retroactively reinstated as well. Lompagno's Chapter 13 case was dismissed, and a mortgagee foreclosed and sold some real estate owned by Lompagno prior to the reinstatement of the Chapter 13 case on appeal. The Court held that the foreclosure sale was valid, and not a violation of the automatic stay, because the stay did not retroactively prevent the sale.