- 11 U.S.C.
In re Montoya
Nov
23
2005
Ruling
Debtor was denied extension of automatic stay since the debtor was unable to overcome presumption of bad faith in making third filing.
Procedural posture
Chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B). Because the debtor had a prior chapter 13 case pending within the preceding 1-year period that was dismissed, the stay prohibiting any action taken with respect to the debtor's will terminated on November 26, 2005. The chapter 13 trustee objected.
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Court
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