- 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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Court
:
- 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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Court
:
- 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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Court
:
- 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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Court
:
- 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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Court
:
- 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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Court
:
- 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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Court
:
- 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
:
- 11 U.S.C.
In re Hart
Feb
26
2013
Ruling
Court declined to impose stay in debtor's third case in one year due to presumption of bad faith.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code in January 2013, after two chapter 13 bankruptcy cases he filed in 2012 were dismissed, and he asked the court to impose the automatic stay on all creditors. A chapter 7 trustee who was appointed to administer the debtor's case and the United States, on behalf of the Internal Revenue Service ("IRS"), opposed the debtor's motion.
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Court
:
- 11 U.S.C.
Timmons v. Rose Acceptance Inc. (In re Timmons)
Sep
20
2012
Ruling
Debtor granted temporary relief from order allowing foreclosure to proceed due to improved circumstances.
Procedural posture
Plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor and sought an order restraining the creditor from selling his home in a foreclosure sale. The court held a hearing on the debtor's motion.
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Court
: