- 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
:
- 11 U.S.C.
In re Winters
Nov
22
2006
Ruling
Stay imposed in debtors'third case in one-year period due to favorable change in debtors'financial position.
Procedural posture
Because the debtors had two cases pending within the year preceding this case, the automatic stay did not go into effect when they filed. Accordingly, the debtors filed a motion to impose the automatic stay pursuant to 11 U.S.C. § 362(c)(4).
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Court
:
- 11 U.S.C.
In re Oritz
Nov
20
2006
Ruling
Court refused to reconsider decision not to impose stay in debtor's third case in one year where evidence of good faith was unpersuasive.
Procedural posture
After a court denied the imposition of a stay under 11 U.S.C. § 362(c)(4), the debtor filed a motion to reconsider that order to prevent a creditor from repossessing the debtor's car. The debtor asserted that the court applied the wrong legal standard to the evidence presented at the hearing.
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Court
:
- 11 U.S.C.
Dixon v. Fannie Mae
Nov
20
2006
Ruling
No stay was in effect where debtors had two cases pending and dismissed in the year prior to filing.
Procedural posture
Appellants sought review of an order of the Bankruptcy Court for the Southern District of Texas, which confirmed that no automatic stay was in effect.
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Court
:
- 11 U.S.C.
In re Schroeder
Oct
18
2006
Ruling
Automatic stay that did not arise upon filing of debtors'third chapter 13 case reinstated upon showing of good faith.
Procedural posture
The chapter 13 debtors filed a motion to invoke the automatic stay, pursuant to 11 U.S.C. § 362(c)(4)(B).
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Court
:
- 11 U.S.C.
In re Murray
Sep
11
2006
Ruling
Although stay was not in effect in debtors'third chapter 13 filing, any action by creditor involving property of the estate was to be brought in bankruptcy court.
Procedural posture
A creditor filed a motion for an order confirming the inapplicability of the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(C)(ii). The debtors responded that a creditor action involving the debtors'property was to occur exclusively in bankruptcy court during the pendency of the chapter 13 case.
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Court
:
- 11 U.S.C.
In re Haisley
Jul
18
2006
Ruling
Case dismissed as to debtor with two prior bankruptcies but not as to debtor spouse with no prior filings.
Procedural posture
After the debtor husband and wife filed a joint bankruptcy petition, a creditor filed an ex parte request for an order pursuant to 11 U.S.C. § 362(c)(4)(A)(ii), asking the court to confirm that no automatic stay was in effect because the debtor husband had two bankruptcies dismissed within the year preceding the filing of the pending case.
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Court
:
- 11 U.S.C.
In re Frazier
Mar
17
2006
Ruling
Foreclosure creditor was denied a motion for reconsideration of an order imposing a stay since the debtor's most recent filing was made in good faith and the creditor had received notice of a hearing on the stay.
Procedural posture
A debtor filed a bankruptcy petition after her prior bankruptcy cases were dismissed, and the debtor sought a bankruptcy stay to preclude an impending foreclosure proceeding against the debtor's property. The foreclosing creditor moved for reconsideration of the bankruptcy court's order which granted the debtor's emergency motion to impose the stay.
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Court
: