Legal Opinion
Smith v. Maine Bureau of Revenue Servs.
District Court, D. Maine
Decided May 16, 2018No. Civil No. 1:17-cv-00340-JAW; Bankruptcy No. 16-10744-MAFPublishedCited by 4 opinions
1Opinion of the Court
JOHN A. WOODCOCK, JR., UNITED STATES DISTRICT JUDGE
A Chapter 13 debtor appeals the Bankruptcy Judge's order confirming that the automatic stay has terminated pursuant to 11 U.S.C. § 362(c)(3)(A) and, therefore, does not prohibit creditors from taking actions against property of the estate. This appeal raises a question that has divided courts concerning the proper statutory interpretation of the inelegant language of that provision. Under the majority view, subsection (c)(3)(A) terminates the automatic stay provisions blocking actions against the debtor or property of the debtor, but property…
2Cases cited49 opinions
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Marbury v. MadisonSupreme Court of the United States · 1803
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Russello v. United StatesSupreme Court of the United States · 1983
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
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3Cited by4 opinions
- Smith v. ME Bureau of Revenue ServicesCourt of Appeals for the First Circuit · 2018
- Sharon Rose v. Select Portfolio ServicingCourt of Appeals for the Fifth Circuit · 2019
- In re WoodUnited States Bankruptcy Court, D. Maryland · 2018
- U.S. Bank National Association v. Darlene VertulloBankruptcy Appellate Panel of the First Circuit · 2020