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§ 362(c)

Vaughn v. Pipkin (In re Vaughn)

Dec
02
2005
Ruling
Debtor was granted an automatic stay continuation in a chapter 13 case since the criteria for obtaining an injunction were met.
Procedural posture

Before the court in a chapter 13 case was movant debtor's request for continuation of the automatic stay. Debtor sought continuation of the automatic stay under 11 U.S.C. § 362(c)(3)(B) as to all creditors and parties of interest until the case was closed.

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opinion summary, case decided on December 02, 2005 , LexisNexis #0206-093
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In re Moore

Dec
02
2005
Ruling
Automatic stay was extended for second filing made within a year of a prior case being closed since the prior case had actually been dismissed just not closed more than a year before the second filing.
Procedural posture

A bankruptcy debtor's prior bankruptcy case was dismissed and the debtor filed a second case within a year after the prior case was closed. The debtor moved to extend the automatic bankruptcy stay in the second case, which would otherwise expire 30 days after the second case was filed pursuant to 11 U.S.C. § 362(c)(3).

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opinion summary, case decided on December 02, 2005 , LexisNexis #0306-003
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In re Montoya

Nov
23
2005
Ruling
Debtor was denied extension of automatic stay since the debtor was unable to overcome presumption of bad faith in making third filing.
Procedural posture

Chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B). Because the debtor had a prior chapter 13 case pending within the preceding 1-year period that was dismissed, the stay prohibiting any action taken with respect to the debtor's will terminated on November 26, 2005. The chapter 13 trustee objected.

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opinion summary, case decided on November 23, 2005 , LexisNexis #0106-002
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In re Fishwick

Nov
22
2005
Ruling
Court scheduled further hearing on debtor's application for automatic stay extension even though it appeared that debtor did not file in good faith.
Procedural posture

Debtor filed for chapter 13 bankruptcy protection. Because the debtor's prior chapter 13 filing was dismissed in the year prior to the date of the present filing, the debtor sought an extension of the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).

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opinion summary, case decided on November 22, 2005 , LexisNexis #0506-002
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