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In re Martin (Case No. 06-60340) 05/18/2006

The Court determined that when a petition is filed after the dismissal of a prior case that was pending within one year, the language in Section 362(c)(3)(A) terminates the stay only with respect to pre-petition action taken against the Debtor.  Where no such pre-petition actions were taken, it was not necessary to continue the stay under 362(c)(3)(B).

Date: 
Thursday, May 18, 2006
Category: 
Automatic Stay
Chapter: 
13