- 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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:
- 11 U.S.C.
O'Farrill, In re
Jul
25
2017
Ruling
Court found that there was no automatic stay in place as chapter 13 debtor had two cases pending within the preceding year, both of which were dismissed. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More Prior Cases; Stay Does Not Automatically Take Effect.
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:
- 11 U.S.C.
In re Tate
Dec
28
2016
Ruling
Debtor's motion to reimpose stay for third bankruptcy granted as debtor showed clear andconvincing evidence that case was filed in good faith. (Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More Prior Cases; Order For Stay to Take Effect.
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:
- 11 U.S.C.
Heckman v. Reading Area Water Auth. (In re Heckman)
Dec
06
2016
Ruling
Creditor did not violate stay which did not take effect in debtor’s fourth case until imposed bycourt order. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More Prior Cases.
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:
- 11 U.S.C.
In re Garner
Nov
12
2015
Ruling
Automatic stay extended in debtor's third case filed within one year due to debtor's good faith.
Issue(s)
Should the automatic stay be extended in debtor's third case filed within one year?
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:
- 11 U.S.C.
In re Scipio
Mar
02
2015
Ruling
Serial filer not entitled to imposition of stay due to failure to rebut presumption of bad faith.
Issue(s)
Was debtor entitled to the imposition of the automatic stay in his third case filed within one year?
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:
- 11 U.S.C.
In re Hoilien
Feb
03
2015
Ruling
Creditor did not violate stay in debtor's third case where debtor had not moved for an extension and the stay had expired.
Issue(s)
Was the automatic stay still in effect in debtor's third bankruptcy case filed within one year or had the stay expired, allowing creditor to proceed with sale of property?
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:
- 11 U.S.C.
In re Gatlin
Feb
18
2014
Ruling
Stay imposed in debtor's third case within one year due to good faith, except as to foreclosure sale prior to petition date that was completed postpetition.
Issue(s)
Should a stay be imposed in debtor's third case filed within one year, including as to foreclosure for which sale was completed prior to petition date but which became final postpetition?
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:
- 11 U.S.C.
In re Norris
Dec
31
2013
Ruling
Stay imposed in debtor's third case due to rebuttal of presumption of bad faith.
Issue(s)
Was debtor entitled to a stay in third case filed within one year.
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Court
: