The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

Introduction

In In re Dao,1 Bankruptcy Judge Christopher Klein on May 11 ruled on an issue on which the circuits are split and certiorari is pending.2 Judge Klein agreed with the majority view that, under paragraph 362(c)(3) of the Bankruptcy Code, the automatic stay terminated 30 days after the order for relief only as to the debtor's property.

The Dao opinion added a new argument to . . .

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