Partner Jeffrey Fraser has authored “Intent over Plain Meaning: The Minority Perspective of § 362(c)(3)(A)” for the American Bankruptcy Institute (ABI) Journal (January 2024). The article examines §362(c)(3) of the Bankruptcy Code and how the minority perspective appears more in line with congressional intent.
The article delves into the significance of the automatic stay, a crucial provision in bankruptcy law found in § 362 of the Bankruptcy Code. The automatic stay, designed to provide debtors with a breathing space by halting all collection activities upon filing for bankruptcy, has been subject to abuse, leading to legislative interventions such as the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
Specifically, the article focuses on the controversial interpretation of § 362 (c) (3) (A), which addresses cases where debtors file for bankruptcy within the same year as a previous case. The majority view interprets a “partial release” of the stay, while the minority advocates for a complete termination. The author supports the minority view, emphasizing the legislative intent of BAPCPA to deter bad faith and serial filings.
Read the full article here >