- 11 U.S.C.
Sanders, In re
Jan
22
2024
Ruling
There was no automatic stay in effect in a Chapter 13 case as the debtor was a repeat filer andthe purchaser of her property at a foreclosure sale was a party in interest. (Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or
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- 11 U.S.C.
Moore, In re
Mar
11
2020
Ruling
Debtor’s counsel sanctioned for failing to investigate and discover debtor’s prior filings priorto fling debtor’s third case. (Bankr. E.D. Wis.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or
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:
- 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 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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- 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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:
- 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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:
- 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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:
- 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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