- 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
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:
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
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:
- 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
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:
- 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
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:
- 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
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:
- 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
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:
- 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
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:
- 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
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:
- 11 U.S.C.
Christiano, In re
Aug
08
2019
Ruling
Court noted that the dismissal date, and not the date of closing, was the relevant date fordetermining whether a case was "pending" for purposes of issuing an order of no stay ineffect. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or
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:
- 11 U.S.C.
Marcano, In re
Jun
24
2019
Ruling
Automatic stay did not go into effect on the petition date as debtor had two cases pendingwithin the prior year. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or
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