- 11 U.S.C.
In re Matthews
Apr
03
2013
Ruling
Case dismissed with one year filing bar due to lack of good faith.
Procedural posture
Chapter 7 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3), the primary creditor filed a motion to dismiss debtor's case for abuse pursuant to 11 U.S.C.S. § 707(b).
ABI Membership is required to access the full summary of In re Matthews Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Dyer
Mar
14
2013
Ruling
Bankruptcy court abused discretion in dismissing case and ordering disgorgement of fees based on alleged termination of stay.
Procedural posture
Chapter 13 debtors appealed from an order of the United States Bankruptcy Court for the Southern District of Ohio, that denied confirmation of the debtors' plan, dismissed the debtors' case, and ordered disgorgement of the debtors' counsel's fees.
ABI Membership is required to access the full summary of In re Dyer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Hart
Nov
23
2012
Ruling
Extension of stay denied due to presumption of bad faith.
Procedural posture
Debtor filed a second petition under chapter 13. Creditor, the Internal Revenue Service (IRS) sought to reduce to judgment certain outstanding federal tax liabilities assessed against him, and to foreclose certain federal tax liens on a parcel of real property. The debtor filed a motion to extend the automatic stay beyond the 30th day after the second petition was filed, under 11 U.S.C.S. § 362(c)(3). The IRS objected to that relief.
ABI Membership is required to access the full summary of In re Hart Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Payton
Nov
05
2012
Ruling
Extension of stay granted in case filed within 180 days of prior voluntary dismissal, which was not requested following filing of motion for relief from stay.
Procedural posture
A chapter 13 debtor filed a motion for an extension of the automatic stay under 11 U.S.C.S. § 362(c)(3). The Chapter 13 trustee moved to dismiss, asserting that the debtor was ineligible for bankruptcy relief under 11 U.S.C.S. § 109(g)(2).
ABI Membership is required to access the full summary of In re Payton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Scott-Hood
Jun
18
2012
Ruling
Order terminating stay as to debtor's real property reversed on reconsideration.
Procedural posture
Debtor filed a motion to reconsider or vacate the court's order confirming termination of the automatic stay in her chapter 13 case. Debtor's motion sought a determination that the stay remained in full force and effect with respect to the real property at issue under the terms of 11 U.S.C.S. § 362(c)(3)(A), because such property was property of the estate, not property of the debtor.
ABI Membership is required to access the full summary of In re Scott-Hood Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Rodriguez
Dec
21
2011
Ruling
Stay extended in debtor's second chapter 11 case in one year given preponderance of evidence that plan would be confirmed and fully performed.
Procedural posture
Chapter 11 debtors filed a motion to extend the automatic stay as to all creditors. A bank holding promissory notes secured by real property objected.
ABI Membership is required to access the full summary of In re Rodriguez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Miller v. Kelly
Nov
04
2011
Ruling
Motion for attorneys' fees and sanctions subject to thirty day stay in debtor's second bankruptcy case.
Procedural posture
Plaintiff bankruptcy debtor sued defendant for libel. After the claim was dismissed for failure to prosecute, defendant moved for attorney's fees and sanctions. The debtor moved to postpone or strike defendant's motion as barred by the automatic stay under 11 U.S.C.S. § 362.
ABI Membership is required to access the full summary of Miller v. Kelly Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Fitzpatrick
Sep
07
2011
Ruling
Extension of stay in debtor's sixth chapter 13 case denied due to bad faith.
Procedural posture
Chapter 13 debtor filed a motion for an extension of the automatic stay as to all creditors pursuant to 11 U.S.C.S. § 362(c)(3)(B).
ABI Membership is required to access the full summary of In re Fitzpatrick Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Contino
Jul
20
2011
Ruling
Presumption of Bad Faith.
Procedural posture
The chapter 7 debtors filed a motion for extension of the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3). A mechanics lien creditor opposed the motion.
ABI Membership is required to access the full summary of In re Contino Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Chorzepa, In re
Jul
05
2011
Ruling
Retroactive annulment of automatic stay was unnecessary as the stay had elapsed before theinitiation and completion of the foreclosure sale. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Termination of Stay on 30th Day.
ABI Membership is required to access the full summary of Chorzepa, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: