- 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 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 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 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
:
- 11 U.S.C.
In re Scarborough
Oct
25
2007
Ruling
Extension of stay in debtor's sixth case in fifteen years denied due to insufficient liklihood of success.
Procedural posture
A chapter 13 debtor filed a motion for continuation of the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Folger
Oct
16
2007
Ruling
Extension of stay in second case that was filed to avoid consent judgment denied due to debtor's inability to fund plan and effect of delay on creditors.
Procedural posture
A debtor filed a motion to extend the automatic stay under 11 U.S.C. § 362.
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Court
:
- 11 U.S.C.
In re Franzese
Jul
19
2007
Ruling
Stay extended in debtors'second case in 180 days despite late filing of motion as in best interests of debtors and reorganization.
Procedural posture
The debtors filed for relief 180 days after their earlier case under chapter 13 was dismissed. The debtors filed an emergency motion to continue the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B) and (4)(B).
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Court
:
- 11 U.S.C.
In re Taylor
Apr
26
2007
Ruling
Extension of stay denied in debtor's fourth chapter 13 case where debtor failed to rebut presumption of bad faith.
Procedural posture
Chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Chaney
Feb
27
2007
Ruling
Extension of stay denied in debtor's sixth case due to failure to rebut presumption of bad faith.
Procedural posture
A debtor filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B), in his chapter 13 bankruptcy case.
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Court
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