- 11 U.S.C.
Byrd, In re
Jan
17
2025
Ruling
Automatic stay extended in debtors second Chapter 13 case filed within one year given showing of good faith by a preponderance of the evidence. (Bankr. S.D. Cal.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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Court
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- 11 U.S.C.
Anzaldua v. Rosenbrook
Apr
11
2024
Ruling
Motion for continuation of stay denied as the timing of counsel's filing of the motion forcontinuation of stay and his failure to comply prevented the bankruptcy court fromcompleting the "notice and a hearing" within the 30-day statutory period. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
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- 11 U.S.C.
Yarbra, In re--Yarbra v. U.S. Bank Trust Nat'l Ass'n
Jan
11
2023
Ruling
Stay automatically expired as to plaintiff after 30 days from the petition date but not as toproperty of the bankruptcy estate. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
Scott, In re
Jan
10
2023
Ruling
Court declined to extend or reimpose the automatic stay and vacated the order temporarilyextending the stay as the debtor had a case pending within the year before the filing of theinstant case that was dismissed. (Bankr. E.D. Mich.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
Mason, In re
Oct
11
2022
Ruling
Debtor was not entitled to extend the automatic stay as her actions in repeated filingsprejudiced her mortgage company by interrupting its foreclosure process and increasing herdebt. (Bankr. E.D. Okla.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
Taylor, In re
Sep
02
2022
Ruling
Debtor's counsel failed to follow the court's standing procedures for expedited stay relief,creating an emergency requiring the expense of an application for order setting a hearing onshortened notice. (Bankr. C.D. Cal.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
Burns, In re
Apr
27
2022
Ruling
Motion to confirm the absence of the automatic stay denied. (Bankr. E.D. Cal.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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- 11 U.S.C.
Wooten, In re
Aug
25
2021
Ruling
Extension of the automatic stay in Chapter 13 case was denied because the debtor was a serialfiler who had agreed not to file again for at least 180 days. (Bankr. N.D. Miss.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
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- 11 U.S.C.
Rallo, In re
Jul
02
2021
Ruling
Motion to extend the stay was denied because the debtor had not offered clear and convincingevidence to rebut the presumption that the case was not filed in good faith and debtor had notfiled a plan. (Bankr. D. Me.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
McLachlan, In re
Feb
25
2021
Ruling
Motion to extend automatic stay was denied because of debtor's bad faith due to recklessgambling, nonperformance in previous cases and repetitive filings which demonstrated anabuse to the provisions. (Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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