You are here

Court Locations

Greenbelt
6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
Baltimore
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688
map

The matter before the Court involves the scope of the automatic stay—specifically, whether any aspect of section 362(a) remains applicable to this chapter 13 case. The question arises because the above-captioned Debtor had two chapter 13 cases pending in the past year, and section 362(c)(3) limits the application of the stay in such circumstances. Neither the parties in this matter nor bankruptcy courts agree on exactly what that limitation entails. Based on the Court’s reading of the statute, and its understanding of the rules of statutory interpretation, the Court finds no significant reason to deviate from the majority approach, which was previously adopted by Judge Gordon in this district. The Court thus adopts the reasoning and holding of In re Tubman, 364 B.R. 574 (Bankr. D. Md. 2007). Accordingly, the automatic stay of section 362(a) terminated under section 362(c)(3) only as to the Debtor and property of the Debtor. The automatic stay remains in place in this case with respect to property of the estate pending resolution of the Lender’s Stay Motion.

Entered: 
2018-09-25
Case: 
18-11415
Judge: 
Michelle M. Harner