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§ 362(c)(4)(B)

Kalinina, In re

Oct
08
2020
Ruling
Imposition of stay denied in debtor's third Chapter 11 case within one year as it was filed forthe sole purpose of delaying the creditor. (Bankr. D. Me.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or

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Consumer opinion summary, case decided on October 08, 2020 , LexisNexis #1120-79
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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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Consumer opinion summary, case decided on December 28, 2016 , LexisNexis #0117-098
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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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Consumer opinion summary, case decided on September 20, 2012 , LexisNexis #1012-115
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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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Consumer opinion summary, case decided on June 22, 2012 , LexisNexis #0712-077
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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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Consumer opinion summary, case decided on May 30, 2012 , LexisNexis #0612-075
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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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Consumer opinion summary, case decided on March 27, 2008 , LexisNexis #0508-108
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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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Consumer opinion summary, case decided on October 19, 2007 , LexisNexis #1107-041
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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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opinion summary, case decided on March 17, 2006 , LexisNexis #0406-004
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In re Beasley

Mar
16
2006
Ruling
Court ruled that Code section 362(c)(4)(B) for imposing an automatic stay in a subsequent filing applied both to debtors with only one other case within the prior year and those with more than one case.
Procedural posture

The debtor previously filed bankruptcy under chapter 13 on April 25, 2005. That case was dismissed on December 14, 2005. The debtor then filed for bankruptcy again under chapter 13 on January 4, 2006. Before the court was the debtor's motion to impose the automatic stay.

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opinion summary, case decided on March 16, 2006 , LexisNexis #0306-110
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