Whether 11 U.S.C. § 362(c)(8)(A) terminates the automatic bankruptcy stay as to property of the bankruptcy estate

QUESTION PRESENTED When a debtor files for bankruptcy for the first time, Section 362(a) of the Bankruptcy Code imposes an automatic stay that prevents creditors from reaching assets of the debtor, the debtor’s non-estate property, and the property of the bankruptcy estate. 11 U.S.C. § 362(a). The bankruptcy estate typically contains the vast majority of a debtor’s assets. In 2005, Congress revised the bankruptcy statute to deter repeat bankruptcy filings. A key component of those revisions presumptively terminates the automatic stay “with respect to the debtor” 30 days after a bankruptcy petition is filed if the petitioner had a prior petition pending within the preceding year that was dismissed. 11 U.S.C. § 362(¢)(8)(A) The question presented is: Whether 11 U.S.C. § 362(c)(8)(A) terminates the automatic bankruptcy stay as to property of the bankruptcy estate. ii LIST OF PROCEEDINGS 1. Rose v. Select Portfolio Servicing Inc., No. 1950598 (5th Cir.) (judgment entered Dec. 10, 2019; mandate issued Jan. 2, 2020). 2. Rose v. Select Portfolio Servicing Inc., No. 18-ev491-LY (W.D. Tex.) (magistrate recommendation issued Apr. 29, 2019; judgment entered June 11, 2019).