- 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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- 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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- 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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:
- 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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:
- 11 U.S.C.
In re Davis
Dec
17
2015
Ruling
Extension of stay in debtors' third case denied due to lack of evidence of ability to make plan payments.
Issue(s)
Were debtors entitled to an extension of the automatic stay in their third bankruptcy filed days after dismissal of their second case?
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:
- 11 U.S.C.
In re Lockett
Jul
02
2015
Ruling
Debtor entitled to extension of stay in second case due to rebuttal of presumption of bad faith.
Issue(s)
Was debtor entitled to an extension of stay in second case or was debtor ineligible where prior case was voluntarily dismissed after a motion for relief from stay was filed?
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- 11 U.S.C.
In re Erevia
Feb
17
2015
Ruling
Extension of stay in debtor's third bankruptcy case denied.
Issue(s)
Whether the court should grant a chapter 13 debtor's motion to extend the automatic stay as to all creditors pursuant to 11 U.S.C.S. § 362(c)(3)(B).
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:
- 11 U.S.C.
Edwards v. THR Georgia LLC (In re Edwards)
May
08
2013
Ruling
Reimposition of stay denied where foreclosure debtor sought to set aside had previously been validated.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and asked the court to extend the automatic stay until an adversary proceeding she filed pro se was resolved. The debtor argued that reimposition of the stay was appropriate because the requirements of O.C.G.A. § 44- 14-162.2 were not met when notice of an impending foreclosure was provided to her. 11 U.S.C.S. § 362(c)(3)(B) applied to her motion.
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- 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).
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- 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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