- 11 U.S.C.
In re Council
Jan
20
2006
Ruling
Automatic stay extension was granted from a prior chapter 13 case since the debtors showed that although they had not complied with the prior plan, that non-compliance was due to a job loss and their second filing was made in good faith.
Procedural posture
A prior bankruptcy of debtors, husband and wife, was dismissed upon the debtors'failure to make payments due under their confirmed chapter 13 plan. The debtors subsequently filed a second chapter 13 petition and moved to extend the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Wright
Jan
13
2006
Ruling
Debtors were granted an extension of the automatic stay from a prior chapter 13 case since the debtors showed that after failing to comply with the prior plan due to a job loss, that the debtors had begun operating a business that provided enough income to fund the current proposed plan.
Procedural posture
A prior chapter 13 bankruptcy by debtors, husband and wife, was dismissed based on the debtors'failure to make payments required by their confirmed plan. The debtors filed a second chapter 13 bankruptcy petition and moved to extend the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Johnson
Jan
09
2006
Ruling
Creditor could not foreclose on the debtor's home since the stay did not automatically end after 30 days with respect to the debtor's home and thus remained in effect until the debtor's case was dismissed or discharged.
Procedural posture
The court conducted a hearing on debtor's motion to extend the automatic stay and the creditor's opposition thereto. The court granted debtor's motion in open court and asked debtor's attorney to submit an order. The court signed the order granting the motion, but due to the nature of the creditor's opposition to the motion, the court entered a memorandum opinion clarifying its ruling.
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Court
:
- 11 U.S.C.
In re Phillips
Jan
06
2006
Ruling
Automatic stay was extended for second chapter 13 case because the debtor demonstrated good faith in making second filing despite failing to make payments in the first case, and changed circumstances showed an ability to pay.
Procedural posture
Debtor filed a motion to extend the automatic stay in her chapter 13 bankruptcy case pursuant to 11 U.S.C. § 362(c)(3) under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Neither the Trustee nor any creditors filed an objection to the motion.
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Court
:
- 11 U.S.C.
In re Paschal
Jan
06
2006
Ruling
Court interpreted section 362(c)(3)(A) of the Code to not have terminated all of the debtor's automatic stay protections simply because the debtor had a prior case dismissed within the preceding year but rather to have terminated only if actions were taken by creditors within the prior year.
Procedural posture
Movant, a chapter 13 debtor, sought a declaratory judgment and, in the alternative, sought a continuance of the automatic stay, requesting the court to determine the meaning of 11 U.S.C. § 362(c)(3)(A), as enacted pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8, § 302.
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Court
:
- 11 U.S.C.
In re Warneck
Jan
04
2006
Ruling
Debtors were granted an automatic stay extension since they filed in good faith and did not have a presumption of bad faith from prior filings.
Procedural posture
Debtors filed a chapter 13 bankruptcy petition. Debtors moved to extend the automatic stay.
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Court
:
- 11 U.S.C.
In re Havner
Jan
04
2006
Ruling
Debtor was denied a motion to extend the automatic stay of a chapter 13 case since, under the totality of the circumstances, the debtor failed to show the second filing was made in good faith.
Procedural posture
Debtor filed a motion to extend the automatic stay of his chapter 13 bankruptcy petition.
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Court
:
- 11 U.S.C.
In re Parker
Jan
04
2006
Ruling
Court ruled that an automatic stay applied to one joint debtor but not the other since one had filed other petitions within a year of filing while the other debtor had not made such filings.
Procedural posture
A debtor and a joint debtor filed a joint chapter 13 case. A creditor filed an application for an order confirming that no automatic stay was in effect as to the debtor and the joint debtor. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 applied to the case because the case was filed after the October 17, 2005 effective date of the Act.
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Court
:
- 11 U.S.C.
In re Galanis
Dec
07
2005
Ruling
Debtors rebutted the bad faith presumption in refiling within one year of prior filings since they had filed to responsibly address their debts, they had steady sources of income, and no objections were made.
Procedural posture
Two sets of debtors had a prior case pending within one year of filing their present cases. They filed motions to extend the automatic stay, under 11 U.S.C. § 362(c)(3)(B). Each argued that the court should extend the stay because they filed in good faith.
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Court
:
- 11 U.S.C.
In re Wilson
Dec
05
2005
Ruling
Debtors were denied unopposed motions to impose automatic stays despite prior recent filings since they did not overcome presumption of bad faith.
Procedural posture
Three chapter 13 debtors filed motions asking the court to extend the automatic stay beyond the 30-day automatic expiration period set forth in 11 U.S.C. § 362(c)(3)(A). A creditor of one of these debtors opposed the motion. Two other chapter 13 debtors filed unopposed motions to impose the automatic stay pursuant to section 362(c)(4)(B).
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Court
: