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).
File:
Judge:
Date:
Thursday, May 18, 2006
Category:
Automatic Stay
Chapter:
13