Legal Opinion
In Re Ferguson
United States Bankruptcy Court, E.D. Pennsylvania
Decided October 25, 2007No. 19-11434PublishedCited by 30 opinions
1Opinion of the Court
OPINION
ERIC L. FRANK, Bankruptcy Judge.
I. INTRODUCTION
The contested matter before me requires that I interpret and apply 11 U.S.C. § 362(c)(4), a provision added to the automatic stay provision of the Bankruptcy Code in 2005 by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”). 1
Under § 362(c)(4), if two (2) or more cases of the debtor “were pending within the previous year but were dismissed,” the automatic stay under § 362(a) does not arise upon the filing of the case. Id. § 362(c)(4)(A). 2 If the automatic stay does not arise due to the operation of §…
2Cases cited35 opinions
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
- In Re Ernest R. Lilley, Jr., Debtor. Ernest R. Lilley, Jr.Court of Appeals for the Third Circuit · 1996
- In Re: Sgl Carbon Corporation, Debtor Official Committee of Unsecured Creditors, at No. 99-5319 v. Nucor Corporation Nucor-Yamato Steel Company, at No. 99-5382Court of Appeals for the Third Circuit · 1999
- Perlin v. Hitachi Capital America Corp.Court of Appeals for the Third Circuit · 2007
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3Cited by30 opinions
- In re GibasUnited States Bankruptcy Court, E.D. Wisconsin · 2016
- In re MuhammadUnited States Bankruptcy Court, M.D. Alabama · 2015
- In Re JoobeenDistrict Court, E.D. Pennsylvania · 2008
- Nelson v. George Wong Pension Trust (In Re Nelson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- Eastern Savings Bank, FSB v. Toor (In re Toor)District Court, D. Connecticut · 2012
25 more not listed; retrieve them via the Exa API.