In re Paschal

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
Court interpreted section 362(c)(3)(A) of the Code to not have terminated all of the debtor's automatic stay protections simply because the debtor had a prior case dismissed within the preceding year but rather to have terminated only if actions were taken by creditors within the prior year.
Procedural posture: 
Movant, a chapter 13 debtor, sought a declaratory judgment and, in the alternative, sought a continuance of the automatic stay, requesting the court to determine the meaning of 11 U.S.C. § 362(c)(3)(A), as enacted pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8, § 302.
Issue: 
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