- 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).
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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).
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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).
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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.
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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.
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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.
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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.
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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).
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Court
:
- 11 U.S.C.
In re Novack
Jul
16
2007
Ruling
Debtor could not extend stay in second bankrupty case filed within one year of first case.
Procedural posture
Debtor appealed two an order denying debtor's motion to proceed on expedited basis and denying his motion for continuation of the 11 U.S.C. § 362 automatic stay and granting a motion for an order confirming termination of the automatic stay, and also an order denying debtor's motion for reconsideration. Creditors and a trustee opposed.
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Court
:
- 11 U.S.C.
In re Lundquist
Jul
11
2007
Ruling
Motion to vacate dismissal did not extend pendency of case into one-year period so as to prevent stay in later case.
Procedural posture
Chapter 13 debtors filed a motion to continue the automatic stay, 11 U.S.C. § 362, after a creditor effected a non-judicial foreclosure of the debtors'property.
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Court
: