Automatic Termination of the Stay upon Second Filing under 362(c)(3) Are Two Strikes an Out
Three strikes and yer out!" 1 That quintessential American idiom is now codified in the Bankruptcy Code with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Should a debtor file a third petition for relief after two
Understanding the New Semi-Automatic Stay
One of the primary reasons people file for bankruptcy is to obtain a stay 1 against certain creditor actions. Prior to the enactment of BAPCPA, 2 the stay went into effect the moment the case was filed, hence the term "automatic stay," and continued until the earlier of
A Circuits Split Does the Bankruptcy Code Implicitly Repeal the FDCPA
As most observers acknowledge, the automatic stay and the discharge injunction are the two cornerstones of consumer bankruptcy law. They are, respectively, a fundamental debtor protection and a fundamental debtor objective. 1 The automatic stay benefits debtors by
Good Faith in Chapter 13Going Once Going Twice
The "good faith" of a chapter 13 debtor will now be subject to examination at two different instances in the confirmation process. 11 U.S.C. §1325 (a)(3) requires that the court find that "the plan has been proposed in good faith and not by any means forbidden by law."