- 11 U.S.C.
Mendoza, In re
Jan
09
2020
Ruling
Motion for imposition of automatic stay denied as debtor failed to perform under the terms ofthe confirmed plan in his prior bankruptcy cases. (Bankr. C.D. Cal.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
In re Hooey
May
05
2015
Ruling
Failure to file mailing matrix was not grounds for denying extension of stay where debtor's case was otherwise filed in good faith.
Issue(s)
Should chapter 13 debtor's case be dismissed for lack of good faith due to failure to file the filing matrix?
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Court
:
- 11 U.S.C.
In re Rodriguez
Dec
21
2011
Ruling
Stay extended in debtor's second chapter 11 case in one year given preponderance of evidence that plan would be confirmed and fully performed.
Procedural posture
Chapter 11 debtors filed a motion to extend the automatic stay as to all creditors. A bank holding promissory notes secured by real property objected.
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Court
:
- 11 U.S.C.
In re Contino
Jul
20
2011
Ruling
Presumption of Bad Faith.
Procedural posture
The chapter 7 debtors filed a motion for extension of the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3). A mechanics lien creditor opposed the motion.
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Court
:
- 11 U.S.C.
In re Nutter
Aug
31
2009
Ruling
Motion to extend stay denied due to debtors' attempts to interrupt, hinder and delay foreclosure sale of property.
Procedural posture
The debtor moved to extend the automatic stay in his chapter 13 cases, which was a subsequent filing to several prior cases filed by the debtor and/or his wife. The primary creditor filed an objection thereto, asserting the presumption that the filing was not made in good faith, pursuant to 11 U.S.C.S. § 362(c)(3).
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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 Sharpe
Feb
27
2008
Ruling
Extension of stay in debtor's third case in eighteen months denied due to failure to rebut presumption of bad faith.
Procedural posture
A debtor filed his third chapter 13 petition in 18 months. Pursuant to 11 U.S.C.S. § 362(c)(3), because of the pendency of the debtor's second case within one year of the third case, the automatic stay terminated on the 30th day following the third filing. The debtor filed a motion to extend the automatic stay, and the creditor opposed the motion and moved to modify the stay to continue its foreclosure action.
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Court
:
- 11 U.S.C.
In re Ellis
Feb
24
2006
Ruling
Debtor was denied a continuation of the bankruptcy stay in a second filing since the debtor had not overcome the presumption of filing in bad faith.
Procedural posture
Movant chapter 13 debtor sought to continue the automatic stay beyond the 30-day period. Respondent mortgage holder and trustee objected. The bankruptcy court held an evidentiary hearing.
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Court
:
- 11 U.S.C.
In re Mark
Jan
23
2006
Ruling
Debtor was granted a motion to extend an automatic stay from prior filing since the debtor demonstrated good faith in new filing.
Procedural posture
Debtor individual filed for chapter 13 bankruptcy protection. Debtor then moved to extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B). The bankruptcy court held a hearing on the motion.
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Court
:
- 11 U.S.C.
In re Galanis
Dec
07
2005
Ruling
Debtors rebutted the bad faith presumption in refiling within one year of prior filings since they had filed to responsibly address their debts, they had steady sources of income, and no objections were made.
Procedural posture
Two sets of debtors had a prior case pending within one year of filing their present cases. They filed motions to extend the automatic stay, under 11 U.S.C. § 362(c)(3)(B). Each argued that the court should extend the stay because they filed in good faith.
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: