ShaRon D. Rose v. Select Portfolio Servicing, Inc., et al.

When a debtor files for bankruptcy for the first time, Section 362(a) of the Bankruptcy Code imposes an automatic stay that prevents creditors from reaching assets of the debtor, the debtor’s non-estate property, and the property of the bankruptcy estate. 11 U.S.C. § 362(a). The bankruptcy estate typically contains the vast majority of a debtor’s assets. In 2005, Congress revised the bankruptcy statute to deter repeat bankruptcy filings. A key component of those revisions presumptively terminates the automatic stay “with respect to the debtor” 30 days after a bankruptcy petition is filed if the petitioner had a prior petition pending within the preceding year that was dismissed. 11 U.S.C. § 362(c)(3)(A) The question presented is: Whether 11 U.S.C. § 362(c)(3)(A) terminates the automatic bankruptcy stay as to property of the bankruptcy estate.