Bankruptcy Protections Limited for Repeat Filers

By William H. Brown, Academy Editor & Advisor

The First Circuit held that under § 362(c)(3)(A), upon the repeat filing by Chapter 7, 11 or 13 debtors within one year of dismissal of a prior pending case, the automatic stay terminates entirely on the 30th day after filing of the subsequent case as to the debtor, property of the debtor and property of the bankruptcy estate. The Circuit found the statute to be poorly drafted, and although a majority of lower courts had construed the statute to not terminate the stay as to property of the estate . . .

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