- 11 U.S.C.
In re McFeeley
Feb
23
2007
Ruling
Stay in debtor's second chapter 13 case terminated as to debtor and debtor's property but not as to property of the estate.
Procedural posture
Chapter 13 debtor filed a motion to extend the automatic stay under 11 U.S.C. § 362(c)(3)(B).
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:
- 11 U.S.C.
In re Curry
Feb
22
2007
Ruling
Stay terminated after 30 days in debtor's second bankrupty not only as to person or property of debtor but also as to property of the estate.
Procedural posture
Movant creditor sought an order confirming that an automatic stay issued in reference to the debtor's chapter 13 bankruptcy filing had in fact terminated with respect to the property securing the mortgage issued by the creditor such that the creditor could move forward with foreclosure on the debtor's residence.
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:
- 11 U.S.C.
In re Garrett
Dec
07
2006
Ruling
Chapter 13 debtors'motion to impose stay as to all creditors denied as untimely and due to failure to rebut presumption of bad faith.
Procedural posture
The debtors filed a motion for an order imposing the stay as to all creditors pursuant to 11 U.S.C. § 362(c)(3)(B). Creditor, which held a first and second mortgage on the debtors'residence, filed an objection (objecting creditor).
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:
- 11 U.S.C.
In Landaverde
Aug
25
2006
Ruling
Emergency continuance of stay denied where second chapter 13 case was filed one day after dismissal of prior case without schedules or showing of change in circumstances.
Procedural posture
A chapter 13 debtor filed an emergency motion for continuation of the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B), in his second bankruptcy case.
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:
- 11 U.S.C.
In re Elbert
May
16
2006
Ruling
Debtor who was earning income subsequent to two prior dismissals and could now make plan payments was entitled to extension of stay.
Procedural posture
Movant debtor sought to extend the stay pursuant to 11 U.S.C. § 362(c)(3)(B). Respondent chapter 13 trustee filed a response.
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Court
:
- 11 U.S.C.
In re Castaneda
Apr
28
2006
Ruling
Motion to continue automatic stay was granted since debtor rebutted presumption of bad faith in making second filing.
Procedural posture
The debtor filed a motion to continue the automatic stay as to all creditors beyond the 30th day after the filing of her bankruptcy case pursuant to 11 U.S.C. § 362(c)(3)(B).
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:
- 11 U.S.C.
In re Montoya
Apr
12
2006
Ruling
Debtor was granted motion to continue automatic stay as to all creditors beyond the thirtieth day after filing.
Procedural posture
Debtor filed a motion, pursuant to 11 U.S.C. § 362(c)(3)(B), to continue the automatic stay as to all creditors beyond the 30th day after the filing of her chapter 13 case.
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Court
:
- 11 U.S.C.
In re Love
Mar
23
2006
Ruling
Extension of stay denied to debtor whose prior case was dismissed for non-payment and who was unable to make plan payments due to theft of money by third party during hospitalization.
Procedural posture
Movant debtor sought to extend the stay pursuant to 11 U.S.C. § 362(c)(3)(B). Respondent creditor filed an objection.
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:
- 11 U.S.C.
In re Ziolkowski
Feb
27
2006
Ruling
Debtors were denied an extension of the automatic stay since a hearing was not timely scheduled by the clerk's office and the debtors did not insure that a motion to extend an automatic stay was timely scheduled.
Procedural posture
Debtors filed for chapter 13 bankruptcy protection. They then moved to continue and extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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:
- 11 U.S.C.
In re Williams
Feb
24
2006
Ruling
Debtor's motion to extend automatic stay was granted due to substantial change in circumstances.
Procedural posture
The debtor, proceeding under chapter 13, filed a motion to extend the period for the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B). The trustee filed a response to the motion.
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