- 11 U.S.C.
In re Jackola
Jun
22
2011
Ruling
Extension of stay in debtor's second case in one year denied for lack of good faith due to lack of realistic hope of confirming plan.
Procedural posture
Before the court was the Chapter 13 debtor's motion to extend the automatic stay. The decision concerned whether debtor was entitled to an extension of the automatic stay in this case, her second case pending in the last year, and, if the stay was not extended, to what extent the stay was terminated. A creditor opposed the motion.
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Court
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- 11 U.S.C.
Reswick v. Reswick (In re Reswick)
Feb
04
2011
Ruling
Former spouse's wage garnishment properly held not to violate stay.
Procedural posture
Appellant Chapter 7 debtor filed a motion in the United States Bankruptcy Court for the Northern District of California which asked the court to issue an order requiring appellee, his ex-wife, to reimburse $4,444 she had garnished from his wages, pay his attorneys' fees, and pay him damages for inflicting emotional distress. The bankruptcy court found that the debtor's ex-wife had not violated 11 U.S.C.S. § 362, the debtor appealed.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Todhunter v. First Sav. Mortg. Corp. (In re Todhunter)
Jan
04
2011
Ruling
Serial filer's proceeding to prevent sale of real property denied as attempt to circumvent expiration of stay after 30 days.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against defendant mortgage company, seeking an order preventing a trustee's sale of real property the debtor and his wife owned as tenants by the entireties, and he filed a motion for an expedited hearing and a temporary stay of the sale.
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Court
:
- 11 U.S.C.
In re Poole
Jul
14
2010
Ruling
Court declined to extend stay in debtor's second bankruptcy case in one year due to bad faith.
Procedural posture
In a Chapter 13 debtor's second bankruptcy case pending within a single year, the debtor sought an extension of the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3). A secured creditor objected to the extension on the ground that the case was filed in bad faith. Also pending were the debtor's motion to convert the case to chapter 11 and the creditor's oral motion to quash a subpoena issued by the debtor.
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Court
:
- 11 U.S.C.
In re Alvarez
May
11
2010
Ruling
Creditor ordered to turn over vehicle repossessed after stay terminated in debtor's second bankruptcy with respect to debtor only.
Procedural posture
A prior case of a bankruptcy debtor was dismissed and, after more than 30 days elapsed in the debtor's subsequent bankruptcy case, a creditor repossessed the debtor's vehicle based on the termination of the automatic bankruptcy stay under 11 U.S.C.S. § 362(c)(3)(A). The debtor moved for turnover of the vehicle, and the creditor moved for an order confirming termination of the stay.
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Court
:
- 11 U.S.C.
In re Dowden
Mar
26
2010
Ruling
Extension of stay in debtor's second case denied absent rebuttal of bad faith presumption.
Procedural posture
This matter came before the court for evidentiary hearing upon the chapter 13 debtors' Motion for Extension of Automatic Stay. Objections thereto were filed by two creditors.
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Court
:
- 11 U.S.C.
In re Furlong
Mar
19
2010
Ruling
Stay extended on reconsideration due to debtor's rebuttal of bad faith presumption.
Procedural posture
A chapter 13 debtor filed a motion for reconsideration of an order denying his motion to extend the automatic stay under 11 U.S.C.S. § 362(c)(3)(B). The debtor's ex-wife, a creditor, objected to the motion.
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Court
:
- 11 U.S.C.
In re Nutter
Aug
31
2009
Ruling
Motion to extend stay denied due to debtors' attempts to interrupt, hinder and delay foreclosure sale of property.
Procedural posture
The debtor moved to extend the automatic stay in his chapter 13 cases, which was a subsequent filing to several prior cases filed by the debtor and/or his wife. The primary creditor filed an objection thereto, asserting the presumption that the filing was not made in good faith, pursuant to 11 U.S.C.S. § 362(c)(3).
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Court
:
- 11 U.S.C.
In re Killough
Jan
30
2009
Ruling
Stay in debtors' third chapter 13 case extended, conditioned on performance of plan.
Procedural posture
The debtors filed a first amended motion to extend the automatic stay under 11 U.S.C.S. § 362(c)(3)(B). A creditor filed an emergency motion for dismissal of the chapter 13 bankruptcy case for bad faith.
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Court
:
- 11 U.S.C.
In re Hedo
Jan
23
2009
Ruling
Reinstatement of stay in debtor's dismissed eighth bankruptcy case denied.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. The case was the debtor's eighth case with the court. The court entered an order dismissing the case with prejudice and the debtor appealed the dismissal order. The debtor sought an order to show cause that would reinstate the automatic stay pending appeal, pursuant to 11 U.S.C.S. § 362.
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Court
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