- 11 U.S.C.
Ard, In re
May
23
2025
Ruling
Debtors failed to prosecute their motion to impose the stay in third bankruptcy case filed within twelve months and proposed plan was not confirmable. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More Prior Cases.
ABI Membership is required to access the full summary of Ard, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Jones, In re
Jan
31
2025
Ruling
Debtor's motion to impose the automatic stay granted was denied as debtor's testimony about her changed circumstances rebutted the presumption of bad faith despite inaccuracies included in motion by counsel. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More Prior Cases.
ABI Membership is required to access the full summary of Jones, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Russell, In re--Johnson v. Struebing
Jul
19
2024
Ruling
Post-petition foreclosure authorized by the Bankruptcy Code was not an avoidable transfer.(Bankr. N.D. W. Va.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More
ABI Membership is required to access the full summary of Russell, In re--Johnson v. Struebing Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Plasterer, In re
Feb
13
2024
Ruling
Debtor's attempt to rescind and reverse a foreclosure sale was rebuffed as an automatic staydid not go into effect upon the commencement of his third bankruptcy case. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More
ABI Membership is required to access the full summary of Plasterer, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sanders, In re
Jan
22
2024
Ruling
There was no automatic stay in effect in a Chapter 13 case as the debtor was a repeat filer andthe purchaser of her property at a foreclosure sale was a party in interest. (Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or
ABI Membership is required to access the full summary of Sanders, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Kalinina, In re
Oct
08
2020
Ruling
Imposition of stay denied in debtor's third Chapter 11 case within one year as it was filed forthe sole purpose of delaying the creditor. (Bankr. D. Me.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or
ABI Membership is required to access the full summary of Kalinina, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Dear, In re
Aug
10
2020
Ruling
Debtor's motion for imposition of automatic stay in third case filed after two dismissals wasgranted where he filed the petition in good faith with clear and convincing evidence. (Bankr.D. Kan.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or
ABI Membership is required to access the full summary of Dear, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cook, In re
May
11
2020
Ruling
Debtor's request to impose the stay retroactively was denied as the court did not haveauthority under 11 U.S.C. § 105(a) to override 11 U.S.C. § 362(c)(4)(C). (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More
ABI Membership is required to access the full summary of Cook, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Moore, In re
Mar
11
2020
Ruling
Debtor’s counsel sanctioned for failing to investigate and discover debtor’s prior filings priorto fling debtor’s third case. (Bankr. E.D. Wis.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or
ABI Membership is required to access the full summary of Moore, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Perkins, In re
Dec
16
2019
Ruling
Request for in rem relief denied where the automatic stay was never in effect in debtor's case.(Bankr. D. Conn.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More
ABI Membership is required to access the full summary of Perkins, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: