- 11 U.S.C.
In re Hart
Feb
26
2013
Ruling
Court declined to impose stay in debtor's third case in one year due to presumption of bad faith.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code in January 2013, after two chapter 13 bankruptcy cases he filed in 2012 were dismissed, and he asked the court to impose the automatic stay on all creditors. A chapter 7 trustee who was appointed to administer the debtor's case and the United States, on behalf of the Internal Revenue Service ("IRS"), opposed the debtor's motion.
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Court
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