First Circuit Terminates the Stay Entirely as to Repeat Filers

On an issue long dividing the lower courts, the First Circuit became the first court of appeals to decide whether the automatic termination of the stay 30 days after a repeat filing only ends the stay as to the property of the debtor. Adopting the position taken by a minority of lower courts regarding Section 362(c)(3)(A), the First Circuit held on December 12 that the stay automatically terminates as to debtor, property of the debtor, and property of the estate. The First Circuit concluded that Congress so poorly drafted subsection (c)(3)(A) that the canons of statutory construction provide little utility in divining the answer.

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