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Giving Teeth To A Repeat-Filing Statute

Law360 (April 7, 2011, 1:21 PM EDT) -- Congress enacted Section 362(c)(3)(A) of the Bankruptcy Code as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) to deter debtors from filing multiple bankruptcy cases for the sole purpose of frustrating a creditor’s legitimate rights as a creditor.

Section 362(c)(3)(A) provides that the automatic stay expires 30 days after the commencement of an individual debtor’s bankruptcy case if such debtor previously filed a bankruptcy case within one year that was subsequently dismissed.

Since its enactment, Section 362(c)(3)(A) has caused significant confusion...
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