- 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.
ABI Membership is required to access the full summary of In re Hart Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Timmons v. Rose Acceptance Inc. (In re Timmons) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Eastern Savings Bank v. Toor (In re Toor)
Jun
22
2012
Ruling
Ruling that debtor's third case in one year was filed in good faith affirmed.
Procedural posture
Creditor challenged a decision of the United States Bankruptcy Court for the District of Connecticut, which granted debtor's motion to impose the automatic stay pursuant to 11 U.S.C.S. § 362(c)(4)(C).
ABI Membership is required to access the full summary of Eastern Savings Bank v. Toor (In re Toor) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Maggio
May
30
2012
Ruling
Motion to extend stay denied due to debtor's failure to rebut presumption of bad faith.
Procedural posture
A chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(4)(B).
ABI Membership is required to access the full summary of In re Maggio Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Washington
Feb
23
2012
Ruling
Stay imposed in debtor's third case filed within one year due to rebuttal of presumption of bad faith.
Procedural posture
A chapter 13 debtor filed a motion to impose the automatic stay pursuant to 11 U.S.C.S. § 362(c)(4).
ABI Membership is required to access the full summary of In re Washington Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Premier Self Storage LLC v. Evans (In re Evans)
Mar
27
2009
Ruling
Severance and removal of state action did not violate stay where debtor's two prior cases within one-year period were dismissed.
Procedural posture
After its motion for relief from stay to proceed in state court was denied, plaintiff self storage company sued defendant debtor. After its motion to sever the state action was granted, the company filed a notice of removal. The debtor objected to the notice and moved for a remand. The company moved to extend the time for removal, or, alternatively, for an order that the notice of removal was timely filed. The court held a hearing.
ABI Membership is required to access the full summary of Premier Self Storage LLC v. Evans (In re Evans) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Milligan-Moore
Jul
18
2008
Ruling
Stay imposed orally from bench did not affect foreclosure against serial filer completed before entry of order.
Procedural posture
A creditor filed a motion for relief from the automatic stay, pursuant to 11 U.S.C.S. § 362, so that it could commence eviction proceedings against a debtor.
ABI Membership is required to access the full summary of In re Milligan-Moore Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Chapman
Mar
27
2008
Ruling
Stay imposed in debtors' third chapter 13 case in one year due to change in financial affairs that rebutted presumption of lack of good faith.
Procedural posture
Debtors, a married couple, asked the court to impose an automatic stay in their chapter 13 case pursuant to 11 U.S.C.S. § 362(c)(4)(B). Meanwhile, a secured creditor (claimant) who held a lien on a truck owned by debtors filed a motion requesting confirmation that the automatic stay was not in effect.
ABI Membership is required to access the full summary of In re Chapman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Chapman
Mar
27
2008
Ruling
Stay extended in debtors' third chapter 13 case in one year due to substantial change in financial affairs.
Procedural posture
Debtors, a married couple, asked the court to impose an automatic stay in their chapter 13 case pursuant to 11 U.S.C.S. § 362(c)(4)(B). Meanwhile, a secured creditor (claimant) who held a lien on a truck owned by debtors filed a motion requesting confirmation that the automatic stay was not in effect.
ABI Membership is required to access the full summary of In re Chapman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ferguson
Oct
19
2007
Ruling
Stay imposed in debtor's third case due to demonstrable good faith.
Procedural posture
A chapter 13 debtor filed a motion for relief from the automatic stay under 11 U.S.C. § 362(c)(4)(B).
ABI Membership is required to access the full summary of In re Ferguson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: