§ 58.2     BAPCPA Shrank Stay
Cite as:    Keith M. Lundin, Lundin On Chapter 13, § 58.2, at ¶ ____, LundinOnChapter13.com (last visited __________).
[1]

BAPCPA attacked the automatic stay with a vengeance in more than a dozen subtle and not subtle new exceptions and new termination provisions. There is a lot less “automatic” and a lot less “stay” in the automatic stay.

[2]

Many of the amendments to § 362 by BAPCPA reduce the efficacy of the automatic stay in consumer bankruptcy cases. Chapter 13 debtors—especially those with domestic support obligations and those with prior bankruptcy experience—will find that Chapter 13 does not provide quite the respite from creditors that it did before BAPCPA.

[3]

Discussion of the changes by BAPCPA to the automatic stay is roughly divided into five categories: (1) domestic support obligation exceptions;1 (2) real estate, landlords and in rem exceptions;2 (3) refiling and serial filing provisions;3 (4) miscellaneous exceptions and changes, including pension loans;4 and (5) new limitations on sanctions.5 Not covered beyond this mention are many changes to § 362 with respect to financial participations6 and important changes to the automatic stay and the statement of intent required of Chapter 7 debtors but seen in Chapter 13 practice only at conversion.7


 

1  See § 430.1 [ Domestic Support Obligation Exception ] § 58.6  Domestic Support Obligation Exception after BAPCPA.

 

2  See § 431.1 [ Real Estate, Landlord and In Rem Exceptions ] § 58.9  Real Estate, Landlord and In Rem Exceptions after BAPCPA.

 

3  See § 432.1 [ When Does § 362(c)(3) Apply? ] § 60.1  When Does § 362(c)(3) Apply?.

 

4  See §§ 433.1 [ When Does § 362(c)(4) Apply? ] § 61.1  When Does § 362(c)(4) Apply? and 434.1 [ (Rebuttable) Presumption of Lack of Good Faith ] § 61.3  (Rebuttable) Presumption of Lack of Good Faith.

 

5  See § 435.1 [ New Limitation on Monetary Penalties ] § 62.6  Limitation on Monetary Penalties after BAPCPA.

 

6  See, e.g., 11 U.S.C. § 362(b)(6), (7), (17).

 

7  See 11 U.S.C. § 362(h). See also In re Schlitzer, 332 B.R. 856 (Bankr. W.D.N.Y. 2005) (Duty to file a statement of intention in § 521(a)(2) is not applicable in a Chapter 13 case.).