- 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
:
- 11 U.S.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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Court
:
- 11 U.S.C.
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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Court
:
- 11 U.S.C.
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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Court
: