- 11 U.S.C.
In re Resto-Perez
Nov
20
2006
Ruling
Automatic stay continued where debtors'second chapter 13 case was filed in good faith, met payment requirements and circumstances had changed in debtors'favor.
Procedural posture
The chapter 13 debtors filed a motion for continuation of the automatic stay, pursuant to 11 U.S.C. § 362(c)(3).
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- 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
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- 11 U.S.C.
Naper v. Carroll
Oct
16
2006
Ruling
Leave to appeal denial of request for extension of stay denied where debtor could not show substantial change in financial situation between filings.
Procedural posture
Appellant debtor filed a motion for leave to appeal an order from a United States bankruptcy court, which denied the debtor's request pursuant to 11 U.S.C. § 362(c)(3) for an extension of the 30-day automatic stay that went into effect after she filed her second bankruptcy petition. Appellee creditor filed an objection to the debtor's motion for leave to appeal.
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Court
:
- 11 U.S.C.
United States v. White
Oct
11
2006
Ruling
Post-confirmation assessment of tax liability was erroneously invalidated by district court.
Procedural posture
Plaintiff United States appealed from the District Court for the Northern District of Georgia, challenging the invalidation of its assessment of a tax liability against defendant debtor following confirmation of the taxpayer's chapter 11 bankruptcy plan.
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- 11 U.S.C.
In re Pope
Oct
03
2006
Ruling
Stay did not terminate with respect to debtor's home which was property of the estate in second chapter 13 case filed less than one year after first case was dismissed.
Procedural posture
Two debtors filed an action seeking protection under chapter 13, and a limited liability company ("LLC") asked the bankruptcy court to confirm that the automatic stay provision of 11 U.S.C. § 362 was terminated, pursuant to 11 U.S.C. § 362(c)(3)(A), with respect to its collateral, the debtors'home.
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In re Patino
Sep
29
2006
Ruling
Post-discharge motion for relief from stay to repossess debtor's vehicle granted as to trustee's interest but denied as moot as to debtor's interest.
Procedural posture
A creditor filed a motion for relief from the automatic stay so that it could repossess a debtor's vehicle.
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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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:
- 11 U.S.C.
In re Brandon
Aug
29
2006
Ruling
Termination of stay pursuant to section 362(c)(3) applies only to debtor, not to property of the estate.
Procedural posture
Debtor filed her petition for relief in the instant case on April 17, 2006 (petition date). In the one-year period preceding that date, debtor had one case pending (prior case) under the bankruptcy code. The prior case was dismissed. The instant matter came on for hearing upon a motion by creditor to confirm termination or absence of the stay imposed by 11 U.S.C. § 362.
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:
- 11 U.S.C.
In Landaverde
Aug
25
2006
Ruling
Emergency continuance of stay denied where second chapter 13 case was filed one day after dismissal of prior case without schedules or showing of change in circumstances.
Procedural posture
A chapter 13 debtor filed an emergency motion for continuation of the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B), in his second bankruptcy case.
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Court
:
- 11 U.S.C.
In re Davis
Aug
23
2006
Ruling
Extension of stay granted where prior case was dismissed for failure to make chapter 13 plan payments and it appeared debtor would be able to fund plan in second case.
Procedural posture
A debtor filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3), in her chapter 13 bankruptcy case. A creditor objected to the motion on the ground that the debtor was unlikely to be able to make the proposed plan payments.
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