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§ 362(c)(4)(D)

Dear, In re

Ruling
Debtor's motion for imposition of automatic stay in third case filed after two dismissals wasgranted where he filed the petition in good faith with clear and convincing evidence. (Bankr.D. Kan.)
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 August 10, 2020 , LexisNexis #0920-054

In re Chapman

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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Consumer opinion summary, case decided on March 27, 2008 , LexisNexis #0508-040

In re Oritz

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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opinion summary, case decided on November 20, 2006 , LexisNexis #0107-073

In re Schroeder

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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opinion summary, case decided on October 18, 2006 , LexisNexis #0307-007