490 B.R. 141
D. Mass.2013Background
- Debtor Ackell obtained a mortgage from St. Anne’s Credit Union in February 2007 to secure a loan on real estate.
- Ackell filed a first Chapter 13 petition on February 12, 2010, with four proposed plans subsequently objected to and none approved, leading to dismissal on June 10, 2011.
- Ackell filed a second Chapter 13 petition on December 5, 2011.
- In February 2012 the credit union moved to determine that the automatic stay did not apply, which the bankruptcy court denied relying on Jumpp (bankruptcy appellate panel) case law.
- The credit union appealed the stay interpretation; the issue centers on whether § 362(c)(3)(A) terminates the stay entirely after 30 days or only as to debtor personally and non-estate property.
- The district court must decide the correct interpretation of § 362(c)(3)(A) and reverse or affirm accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of stay termination under § 362(c)(3)(A) | Ackell argues stay remains for estate property after 30 days. | Ackell argues stay ends only as to debtor and non-estate property (Jumpp approach). | Stay terminates entirely after 30 days for all interests. |
Key Cases Cited
- In re Jumpp, 356 B.R. 789 (1st Cir. BAP 2006) (stay terminates only as to debtor personally and non-estate property)
- In re Reswick, 446 B.R. 362 (9th Cir. BAP 2011) (terminates the stay entirely; supports estate-wide effect)