- 11 U.S.C.
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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Court
:
- 11 U.S.C.
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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Court
:
- 11 U.S.C.
In re Evans
Mar
14
2006
Ruling
Court extended automatic stay since debtors overcame presumption that case was not filed in good faith.
Procedural posture
Petitioner debtors filed a motion to extend the automatic stay as to all creditors, pursuant to 11 U.S.C. § 362(c)(3)(B). Respondent trustee filed a reply.
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Court
:
- 11 U.S.C.
Wood v. United States (In re Wood)
Mar
02
2006
Ruling
IRS's postpetition efforts to collect prepetition debts did not violate automatic stay since the stay was lifted when the debtor received a discharge and the income tax deficiencies were exempted from discharge.
Procedural posture
Plaintiff debtor sought relief against defendant IRS for the IRS's postpetition efforts to collect debtor's prepetition tax deficiencies, asserting that the IRS violated the court's order confirming debtor's plan and the automatic stay, and filed an alleged false proof of claim. Debtor sought actual and punitive damages, and sanctions against the IRS, which moved to dismiss the complaint.
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Court
:
- 11 U.S.C.
In re Ziolkowski
Feb
27
2006
Ruling
Debtors were denied an extension of the automatic stay since a hearing was not timely scheduled by the clerk's office and the debtors did not insure that a motion to extend an automatic stay was timely scheduled.
Procedural posture
Debtors filed for chapter 13 bankruptcy protection. They then moved to continue and extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Ellis
Feb
24
2006
Ruling
Debtor was denied a continuation of the bankruptcy stay in a second filing since the debtor had not overcome the presumption of filing in bad faith.
Procedural posture
Movant chapter 13 debtor sought to continue the automatic stay beyond the 30-day period. Respondent mortgage holder and trustee objected. The bankruptcy court held an evidentiary hearing.
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Court
:
- 11 U.S.C.
In re Williams
Feb
24
2006
Ruling
Debtor's motion to extend automatic stay was granted due to substantial change in circumstances.
Procedural posture
The debtor, proceeding under chapter 13, filed a motion to extend the period for the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B). The trustee filed a response to the motion.
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Court
:
- 11 U.S.C.
In re Cartledge
Feb
16
2006
Ruling
Debtors were denied a motion to extend the automatic stay since they failed to follow local bankruptcy rules and since no hearing occurred before the expiration of the stay.
Procedural posture
The debtors had a bankruptcy proceeding pending within one year of the current case. In the current case, filed under chapter 13, the debtors sought a motion to extend the automatic stay beyond the 30-day period, pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Ball
Jan
25
2006
Ruling
Debtors were granted automatic stay extension for chapter 13 case filed shortly after chapter 7 discharge since the debtors appeared to be acting in good faith to address the mortgage debt.
Procedural posture
The debtors initiated a proceeding for relief under chapter 13. The debtors had filed two earlier petitions for relief under chapter 13 and under chapter 7, and the debtors had received a chapter 7 discharge in October 2005. The debtors filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B), the creditor objected to the extension.
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Court
:
- 11 U.S.C.
In re Mark
Jan
23
2006
Ruling
Debtor was granted a motion to extend an automatic stay from prior filing since the debtor demonstrated good faith in new filing.
Procedural posture
Debtor individual filed for chapter 13 bankruptcy protection. Debtor then moved to extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B). The bankruptcy court held a hearing on the motion.
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Court
: