555 B.R. 840
Bankr. M.D. Ala.2016Background
- Debtor Angela Roach filed a second Chapter 13 on March 29, 2016 after a Chapter 13 filed in 2014 was dismissed less than one year earlier for failure to make plan payments.
- White Coast Trust holds a security interest in Roach’s 2009 Mitsubishi and sought a ruling that the automatic stay terminated entirely under 11 U.S.C. § 362(c)(3)(A).
- Roach did not move to extend the stay within the 30‑day window provided by § 362(c)(3)(B).
- The confirmed plan treats the vehicle as estate property and proposes a cramdown; both parties agree the vehicle is property of the estate.
- The core legal question is whether § 362(c)(3)(A) terminates the automatic stay only as to the debtor (and debtor’s property) or also as to property of the estate.
Issues
| Issue | White Coast's Argument | Roach's Argument | Held |
|---|---|---|---|
| Does § 362(c)(3)(A) terminate the automatic stay as to property of the estate when a debtor refiles within one year of a dismissal and does not seek extension? | § 362(c)(3)(A) terminates the stay completely — both debtor and estate property are no longer protected. | The statute terminates the stay only "with respect to the debtor," so estate property remains protected under § 362(c)(1). | The stay terminates as to the debtor and debtor’s property but remains in effect as to property of the estate. |
Key Cases Cited
- Jumpp v. Chase Home Fin., LLC, 356 B.R. 789 (1st Cir. B.A.P. 2006) (holds § 362(c)(3)(A) terminates stay only with respect to debtor/property of the debtor)
- Reswick v. Reswick, 446 B.R. 362 (9th Cir. B.A.P. 2011) (interprets § 362(c)(3)(A) to terminate the stay completely; treats phrase "with respect to the debtor" as distinguishing persons)
- Lamie v. U.S. Trustee, 540 U.S. 526 (2004) (plain‑meaning statutory interpretation; courts enforce unambiguous text)
- Hartford Underwriters Ins. Co. v. Union Planters Bank, N.A., 530 U.S. 1 (2000) (textualist canon: enforce statute when plain and not absurd)