Showing posts with label 362(c)(2)(C). Show all posts
Showing posts with label 362(c)(2)(C). Show all posts

Monday, August 23, 2021

The Confusing Application of Sec. 362(c)(2)(C) to Dischargeability Cases

The different sections of the Bankruptcy Code should all work together for a common purpose. Sometimes a situation arises which looks like a disconnect. I had this happen in a dischargeability case I am defending. The creditor filed an action under Section 523, based on a suit pending in another state, and asked to have the stay lifted to allow the case to go forward. While the motion was pending, the debtor received his general discharge. The court asked the parties to address the impact of Section 362(c)(2)(C), which states that the automatic stay for an individual in Chapter 7 terminates upon entry of the general discharge.