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§ 362(c)(3)(B)

In re Cartledge

Feb
16
2006
Ruling
Debtors were denied a motion to extend the automatic stay since they failed to follow local bankruptcy rules and since no hearing occurred before the expiration of the stay.
Procedural posture

The debtors had a bankruptcy proceeding pending within one year of the current case. In the current case, filed under chapter 13, the debtors sought a motion to extend the automatic stay beyond the 30-day period, pursuant to 11 U.S.C. § 362(c)(3)(B).

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opinion summary, case decided on February 16, 2006 , LexisNexis #0306-038
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In re Ball

Jan
25
2006
Ruling
Debtors were granted automatic stay extension for chapter 13 case filed shortly after chapter 7 discharge since the debtors appeared to be acting in good faith to address the mortgage debt.
Procedural posture

The debtors initiated a proceeding for relief under chapter 13. The debtors had filed two earlier petitions for relief under chapter 13 and under chapter 7, and the debtors had received a chapter 7 discharge in October 2005. The debtors filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B), the creditor objected to the extension.

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opinion summary, case decided on January 25, 2006 , LexisNexis #0206-026
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In re Council

Jan
20
2006
Ruling
Automatic stay extension was granted from a prior chapter 13 case since the debtors showed that although they had not complied with the prior plan, that non-compliance was due to a job loss and their second filing was made in good faith.
Procedural posture

A prior bankruptcy of debtors, husband and wife, was dismissed upon the debtors'failure to make payments due under their confirmed chapter 13 plan. The debtors subsequently filed a second chapter 13 petition and moved to extend the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(c)(3)(B).

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opinion summary, case decided on January 20, 2006 , LexisNexis #0206-091
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In re Wright

Jan
13
2006
Ruling
Debtors were granted an extension of the automatic stay from a prior chapter 13 case since the debtors showed that after failing to comply with the prior plan due to a job loss, that the debtors had begun operating a business that provided enough income to fund the current proposed plan.
Procedural posture

A prior chapter 13 bankruptcy by debtors, husband and wife, was dismissed based on the debtors'failure to make payments required by their confirmed plan. The debtors filed a second chapter 13 bankruptcy petition and moved to extend the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(c)(3)(B).

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opinion summary, case decided on January 13, 2006 , LexisNexis #0206-092
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In re Havner

Jan
04
2006
Ruling
Debtor was denied a motion to extend the automatic stay of a chapter 13 case since, under the totality of the circumstances, the debtor failed to show the second filing was made in good faith.
Procedural posture

Debtor filed a motion to extend the automatic stay of his chapter 13 bankruptcy petition.

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opinion summary, case decided on January 04, 2006 , LexisNexis #0306-006
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Vaughn v. Pipkin (In re Vaughn)

Dec
02
2005
Ruling
Debtor was granted an automatic stay continuation in a chapter 13 case since the criteria for obtaining an injunction were met.
Procedural posture

Before the court in a chapter 13 case was movant debtor's request for continuation of the automatic stay. Debtor sought continuation of the automatic stay under 11 U.S.C. § 362(c)(3)(B) as to all creditors and parties of interest until the case was closed.

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opinion summary, case decided on December 02, 2005 , LexisNexis #0206-093
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In re Fishwick

Nov
22
2005
Ruling
Court scheduled further hearing on debtor's application for automatic stay extension even though it appeared that debtor did not file in good faith.
Procedural posture

Debtor filed for chapter 13 bankruptcy protection. Because the debtor's prior chapter 13 filing was dismissed in the year prior to the date of the present filing, the debtor sought an extension of the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).

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opinion summary, case decided on November 22, 2005 , LexisNexis #0506-002
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