- 11 U.S.C.
Braatz, In re--Braatz v. Check & Cash LLC
Dec
10
2019
Ruling
Appellate court concluded that stay was terminated after 30 days in debtor's second case filedwithin one year with respect to the debtor but not with respect to the property of thebankruptcy estate. (5th Cir.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
( Judge ) [ Bankruptcy Court ]
- 11 U.S.C.
Edwards, In re
Oct
03
2019
Ruling
Motion to continue the automatic stay was denied as debtor had not met her burden ofproving that her latest bankruptcy case has been filed in good faith. (Bankr. E.D. Wis.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
Brice, In re
Sep
12
2019
Ruling
Debtors' motion for continuation of automatic stay was granted as no suggestion had beenmade that debtors did not meet the eligibility requirements for relief. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
Smith, In re--Smith v. Me. Bureau of Revenue Servs.
Dec
12
2018
Ruling
Automatic stay was terminated after thirty days where debtor filed a second petition forbankruptcy within a year of the dismissal of a prior bankruptcy case. (1st Cir.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Fisher, In re
Nov
20
2018
Ruling
Extension of stay was not warranted as debtor failed to rebut the presumption that case wasfiled in bad faith. (Bankr. D. Vt.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
Wood, In re
Sep
25
2018
Ruling
Automatic stay was terminated as to debtor and debtor's property as he had filed an earlier chapter 13 case that was dismissed less than one year before his current case. (Bankr. D. Md.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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Court
:
- 11 U.S.C.
Goodrich, In re
Sep
24
2018
Ruling
Automatic stay extended beyond 30 days from the date debtor filed his petition as he demonstrated that he filed his second case in good faith with clear and convincing evidence. (Bankr. D. Vt.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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Court
:
- 11 U.S.C.
Goodrich, In re
Jul
20
2018
Ruling
Court adopted the Minority Approach, construing § 362(c)(3)(A) to terminate the stay entirely unless the debtor or another party in interest makes the requisite showing, and court orders otherwise, within 30 days of the date the debtor filed the second case. (Bankr. D. Vt.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Termination of Stay on 30th Day.
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:
- 11 U.S.C.
Smith, In re
Aug
18
2017
Ruling
Automatic stay was terminated where the debtor filed his second bankruptcy petition withina year after the first was dismissed. (Bankr. D. Me.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Termination of Stay on 30th Day
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Court
:
- 11 U.S.C.
Cox, In re
Aug
09
2017
Ruling
Court denied debtors' motion to extend automatic stay as they failed to rebut the presumptionthat their case was not filed in good faith. (Bankr. E.D. Okla.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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Court
: