- 11 U.S.C.
Marcano, In re
Jun
24
2019
Ruling
Automatic stay did not go into effect on the petition date as debtor had two cases pendingwithin the prior year. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or
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:
Maried Del C. Garcia Rivera, In re
May
14
2019
Ruling
Debtor's motion for continuation of the stay was granted as the debtor's plan was notunreasonably optimistic and her testimony showed a commitment to making it work. (Bankr.D.P.R.)
Issue(s)
Automatic Stay; Duration.
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Judge or Jurisdiction information not available
Clark, In re
May
09
2019
Ruling
Motion to impose stay denied as it was not timely and the motion seeking to impose the staywas filed 48 days after the bankruptcy petition was filed. (Bankr. N.D. Miss.)
Issue(s)
Automatic Stay; Duration.
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Court
:
- 11 U.S.C.
Acemla De P.R., In re
Mar
01
2019
Ruling
Debtor's urgent motion to show cause denied where automatic stay was terminated andcreditor was no longer subject to restrictions imposed by court in an earlier order modifyingand conditioning the stay. (Bankr. D.P.R.)
Issue(s)
Automatic Stay; Duration; All Other Acts; Until Case is Dismissed.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Smith, In re--Smith v. Me. Bureau of Revenue Servs.
Dec
12
2018
Ruling
Automatic stay was terminated after thirty days where debtor filed a second petition forbankruptcy within a year of the dismissal of a prior bankruptcy case. (1st Cir.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Judge or Jurisdiction information not available
- 11 U.S.C.
Fisher, In re
Nov
20
2018
Ruling
Extension of stay was not warranted as debtor failed to rebut the presumption that case wasfiled in bad faith. (Bankr. D. Vt.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
Wood, In re
Sep
25
2018
Ruling
Automatic stay was terminated as to debtor and debtor's property as he had filed an earlier chapter 13 case that was dismissed less than one year before his current case. (Bankr. D. Md.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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Court
:
- 11 U.S.C.
Goodrich, In re
Sep
24
2018
Ruling
Automatic stay extended beyond 30 days from the date debtor filed his petition as he demonstrated that he filed his second case in good faith with clear and convincing evidence. (Bankr. D. Vt.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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Court
:
- 11 U.S.C.
Maes, In re
Jul
31
2018
Ruling
Court denied debtor's motion as reimposing the automatic stay upon reopening the cases would contravene the explicit provisions of the bankruptcy code governing termination of the automatic stay. (Bankr. D.N.M.)
Issue(s)
Automatic Stay; Duration; All Other Acts.
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Court
:
- 11 U.S.C.
Goodrich, In re
Jul
20
2018
Ruling
Court adopted the Minority Approach, construing § 362(c)(3)(A) to terminate the stay entirely unless the debtor or another party in interest makes the requisite showing, and court orders otherwise, within 30 days of the date the debtor filed the second case. (Bankr. D. Vt.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Termination of Stay on 30th Day.
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Court
: