- 11 U.S.C.
In re Graham
Oct
17
2008
Ruling
Stay terminated after 30 days with respect to debtor in second bankruptcy was not terminated with respect to creditor's lien rights.
Procedural posture
A bankruptcy debtor filed a second bankruptcy case after a first case was dismissed within a year of the second case, and the debtor's motion to extend the automatic bankruptcy stay in the second case beyond the 30-day period provided in 11 U.S.C.S. § 362(c)(3) was denied. A creditor secured by the debtor's property sought an order confirming that the stay was terminated.
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Court
:
- 11 U.S.C.
In re Forletta
Oct
10
2008
Ruling
Motion to extend stay granted, though not necessary, in chapter 13 case filed by debtor who had received discharge in prior chapter 7 case.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code, less than one year after the debtor's earlier chapter 7 case was closed. The debtor sought to continue the automatic stay, pursuant to 11 U.S.C.S. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Hardman
Aug
29
2008
Ruling
Stay extended due to debtor's rebutting of presumption of bad faith.
Procedural posture
A chapter 13 debtor filed a motion for a continuation of the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3)(B). A secured creditor opposed an extension of the stay, or, alternatively, sought adequate protection.
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Court
:
- 11 U.S.C.
In re Garrett
May
23
2008
Ruling
Stay would not terminate after 30 days in chapter 13 case filed one year after dismissal of debtor's chapter 7 case.
Procedural posture
A chapter 13 debtor filed a motion to rebut the presumption created by 11 U.S.C.S. § 362(c)(3) that her case was not filed in good faith, and to obtain an extension of the automatic stay pursuant to 11 U.S.C.S. § 362(a).
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Court
:
- 11 U.S.C.
In re Brewster
Apr
07
2008
Ruling
Court could not extend stay where debtor's motion was not filed within 30 days of petition date.
Procedural posture
The debtor filed a motion for an extension of the automatic stay, pursuant to 11 U.S.C.S. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Erevia
Apr
03
2008
Ruling
Extension of stay not warranted where debtor's schedules repeated inaccuracies from those filed in prior case and application of presumption of lack of good faith.
Procedural posture
A bankruptcy debtor filed a second bankruptcy petition within a year after a first petition was dismissed based upon the debtor's failure to cure defaults and inaccuracies in the debtor's plan, financial statement, and schedules, as ordered by the bankruptcy court. The debtor moved to continue the automatic bankruptcy stay in the second case, which otherwise would expire, based on the debtor's good faith in filing the second petition.
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Court
:
- 11 U.S.C.
In re Erevia
Apr
03
2008
Ruling
Extension of stay in debtor's second case denied due to errors repeated from prior case, lack of change in finances and purpose of defeating foreclosure.
Procedural posture
A bankruptcy debtor filed a second bankruptcy petition within a year after a first petition was dismissed based upon the debtor's failure to cure defaults and inaccuracies in the debtor's plan, financial statement, and schedules, as ordered by the bankruptcy court. The debtor moved to continue the automatic bankruptcy stay in the second case, which otherwise would expire, based on the debtor's good faith in filing the second petition.
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Court
:
- 11 U.S.C.
In re Marcello
Mar
27
2008
Ruling
Debtor who filed second case based on significant increase in income entitled to extension of stay provided mortgage payments remained current.
Procedural posture
The debtor filed a motion pursuant to 11 U.S.C.S. § 362(c)(3) for an order extending the automatic stay in her chapter 13 case. The motion was brought on by an order that shortened that time. The debtor had filed a previous chapter 13 case which was dismisssed. The creditor that held the debtor's mortgage objected.
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Court
:
- 11 U.S.C.
In re Lopez-Granadino
Mar
12
2008
Ruling
Debtor's third bankruptcy filed less than 180 days after dimissal of second case was presumptively filed in bad faith.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code after two other cases she filed under chapter 13 had already been dismissed, and she filed an emergency motion to declare the automatic stay in effect and to extend the stay so a creditor could not proceed with a foreclosure action. The creditor opposed the motion.
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Court
:
- 11 U.S.C.
In re Wilson
Feb
29
2008
Ruling
Stay in debtor's second chapter 13 case continued except as against creditor as to which debtor had been unable to meet burden of good faith.
Procedural posture
Movant, a debtor, whose prior chapter 13 case (Case 1) had been dismissed, sought an order continuing the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3)(B) as to all creditors. Debtor's motion was opposed by a creditor who held a claim secured by a vehicle purchased by debtor in July 2006 and on which debtor had made only four payments as of the filing of the current chapter 13 case (Case 2).
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Court
: