Should the Stay Stay or Should It Go: Successive Filings and the Termination of the Automatic Stay

By Alexander Schmidt and The Honorable John P. Gustafson, United States Bankruptcy Court Northern District of Ohio, Western Division (Toledo, OH)

Consumer bankruptcy cases are almost never easy. But they can be especially tricky when the debtor is filing again after having had a previous bankruptcy case dismissed within the last year. There are special, complex rules involving the automatic stay, one of which is codified at §362(c)(3). The complexity is multiplied by a split of authority in the case law about what actually happens when the automatic stay is terminated under §362(c)(3).

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