- 11 U.S.C.
In re Hunt
Aug
18
2006
Ruling
Bankruptcy court refused to extend stay in debtor's third filing in two years due to bad faith.
Procedural posture
In a bankruptcy case, which was the debtor's third bankruptcy filing in two years, the debtor moved to extend the automatic stay.
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Court
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In re Murphy
Jul
21
2006
Ruling
Court confirmed that automatic stay was terminated since debtor had prior case dismissed within one year of filing.
Procedural posture
A creditor submitted a request under 11 U.S.C. § 362(j) for an order confirming the termination of an automatic stay, ruling that a subsequent chapter 13 plan would not bind the creditor, and awarding attorneys'fees.
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Court
:
- 11 U.S.C.
Bankers Trust Co. of Ca. N.A. v. Gillcrese (In re Gillcrese)
Jul
20
2006
Ruling
Bank was denied motion seeking determination that automatic stay as to estate property had been terminated pursuant to section 362(c)(3)(A).
Procedural posture
In debtor's chapter 13 case, movant bank sought a determination that the automatic stay as to property of the estate had been terminated pursuant to 11 U.S.C. § 362(c)(3)(A).
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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 Mack
Jul
07
2006
Ruling
Debtor was granted extension of stay subject to providing satisfactory proof of ability to sustain enough income to fully fund proposed plan.
Procedural posture
A debtor filed a motion to extend the stay pursuant to 11 U.S.C. § 362(c)(3)(B). The chapter 13 trustee responded.
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Court
:
In re Jumpp
Jun
23
2006
Ruling
Debtor's motion for continuance of automatic stay was denied.
Procedural posture
The matter came before the court on motion for determination and declaratory judgment as to continuance and existence of an automatic stay with respect to the residences of two debtors and debtors'motions to reimpose the automatic stay as to all creditors pursuant to 11 U.S.C. § 105(a). Mortgagee opposed, with respect to the residence of each debtor, to each of the foregoing motions.
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Court
:
- 11 U.S.C.
In re Jupiter
Jun
21
2006
Ruling
Court issued order confirming termination of automatic stay and held that section 362(c)(3)(A) terminated automatic stay as to debtor and property of debtor's estate.
Procedural posture
This matter came before the court upon a request for an order confirming termination of the automatic stay filed by creditor. Creditor sought an order confirming termination of the automatic stay pursuant to 11 U.S.C. § 362(j) and U.S. Dist. Ct., D.S.C., Bankr. R. 4001-l(d).
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Court
:
- 11 U.S.C.
In re Williams
Jun
21
2006
Ruling
Debtor was not entitled to injunctive relief to extend stay which had expired on dismissal of chapter 13 case.
Procedural posture
After his chapter 13 case was dismissed for failure to file all required documents, the debtor filed a motion requesting that a stay be imposed with respect to all creditors in order to provide the debtor with an opportunity to file and proceed to confirm a plan. Two secured creditors objected to the stay.
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Court
:
In re Norman
Jun
13
2006
Ruling
Debtors'motion to extend automatic stay filed on 28th day after filing was denied as being untimely filed under circumstances.
Procedural posture
Debtors filed a motion to extend the automatic stay beyond the 30-day period pursuant to 11 U.S.C. § 362(c)(3)(B). The debtors filed their motion 28 days after filing their chapter 7 bankruptcy petition.
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Court
:
- 11 U.S.C.
In re Carr
Jun
09
2006
Ruling
Automatic stay was extended beyond 30th day following filing since, under totality of circumstances, case was filed in good faith.
Procedural posture
A chapter 13 case was before the court on debtor's motion to extend the automatic stay beyond the 30th day following the filing of this case pursuant to 11 U.S.C. § 362(c)(3)(B). The motion was unopposed. The matter was before the court for preparation of a memorandum opinion memorializing its bench ruling.
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Court
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