- 11 U.S.C.
In re Elbert
May
16
2006
Ruling
Debtor who was earning income subsequent to two prior dismissals and could now make plan payments was entitled to extension of stay.
Procedural posture
Movant debtor sought to extend the stay pursuant to 11 U.S.C. § 362(c)(3)(B). Respondent chapter 13 trustee filed a response.
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Court
:
- 11 U.S.C.
In re Harris
May
01
2006
Ruling
Debtor was denied motion to extend automatic stay since debtor did not rebut presumption of bad faith in making later filing.
Procedural posture
Before the court in a chapter 13 matter was a mortgage holder's motion seeking entry of an order confirming that the automatic stay was no longer in effect in the case pursuant to 11 U.S.C. § 362(c)(3), debtor's motion to extend the automatic stay pursuant to section 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Castaneda
Apr
28
2006
Ruling
Motion to continue automatic stay was granted since debtor rebutted presumption of bad faith in making second filing.
Procedural posture
The debtor filed a motion to continue the automatic stay as to all creditors beyond the 30th day after the filing of her bankruptcy case pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Parker
Apr
18
2006
Ruling
Motion to extend automatic stay was granted since debtor rebutted presumption of bad faith filing.
Procedural posture
In a chapter 13 bankruptcy case, debtor, who was also the debtor in a prior chapter 13 bankruptcy case that was pending within a year preceding the filing of the instant case, filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B). The trustee filed a response. Creditor, debtor's ex-wife, filed an objection to the motion.
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Court
:
In re Berry
Apr
14
2006
Ruling
Motion for extension of automatic stay was denied since debtor did not file motion before stay had expired.
Procedural posture
After filing a chapter 13 bankruptcy petition, debtor moved for an extension or continuation of the automatic stay pursuant to 11 U.S.C. § 362(c)(3).
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Court
:
- 11 U.S.C.
In re Montoya
Apr
12
2006
Ruling
Debtor was granted motion to continue automatic stay as to all creditors beyond the thirtieth day after filing.
Procedural posture
Debtor filed a motion, pursuant to 11 U.S.C. § 362(c)(3)(B), to continue the automatic stay as to all creditors beyond the 30th day after the filing of her chapter 13 case.
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Court
:
In re Easthope
Mar
28
2006
Ruling
Creditor's request for order confirming no automatic stay was in effect was denied since section 362(c)(3) applied and automatic stay went into effect for period of 30 days from current filing.
Procedural posture
Petitioner debtor filed a motion for an extension of the automatic stay beyond the 30-day period provided for in 11 U.S.C. § 362(c)(3)(A). Respondent creditor filed a motion for an order under section 362(c)(4)(A)(ii) confirming that no automatic stay was in effect and that the debtor had not overcome the presumption that his case was not filed in good faith.
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Court
:
- 11 U.S.C.
In re Moon
Mar
28
2006
Ruling
Automatic stay expired since debtors chose a hearing date regarding an extension request that was more than 30 days after filing.
Procedural posture
The matter before the court was debtors'motion to extend the automatic stay as to debtors pursuant to 11 U.S.C. § 362(c)(3)(B), for clarification as to the effect of the automatic stay as to their property and as to property of the estate in their bankruptcy case. An objection was filed by a creditor.
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Court
:
- 11 U.S.C.
In re Love
Mar
23
2006
Ruling
Extension of stay denied to debtor whose prior case was dismissed for non-payment and who was unable to make plan payments due to theft of money by third party during hospitalization.
Procedural posture
Movant debtor sought to extend the stay pursuant to 11 U.S.C. § 362(c)(3)(B). Respondent creditor filed an objection.
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Court
:
- 11 U.S.C.
In re Jones
Mar
21
2006
Ruling
Debtor did not need an extension of the automatic stay since the property in question was estate property.
Procedural posture
A chapter 13 matter was before the court on the motion for declaratory judgment and, in the alternative, for the continuance of the automatic stay filed by debtor. A secured creditor with a lien on debtor's residence filed a response in opposition to the motion.
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Court
: