IN RE SMITH

No. 18-1573.

910 F.3d 576 (2018)

IN RE: Leland S. SMITH, Jr., Debtor. Leland S. Smith, Jr., Appellant, v. State of Maine Bureau of Revenue Services, Appellee.

United States Court of Appeals, First Circuit.

December 12, 2018.


Attorney(s) appearing for the Case

Christopher J. Keach , with whom James F. Molleur and Molleur Law Office, Biddeford, ME, were on brief, for appellant.

David Yen and Tara Twomey on brief for National Consumer Bankruptcy Rights Center and National Association of Consumer Bankruptcy Attorneys, amici curiae.

Kevin J. Crosman , Assistant Attorney General, with whom Thomas F. Knowlton , Assistant Attorney General, was on brief, for appellee.

Before Lynch, Stahl, and Barron, Circuit Judges.


Maine's Bureau of Revenue Services (MRS) has a claim for a tax debt owed by Leland Smith, a repeat Chapter 13 bankruptcy filer. In this appeal, MRS and Smith dispute the scope of the termination of the Bankruptcy Code's automatic stay for repeat filers like Smith who file a second petition for bankruptcy within a year of the...

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