- 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
:
Odell, In re
Jan
30
2018
Ruling
Debtor's appeal to reverse motion for relief from stay was dismissed as the automatic stay hasalready terminated by operation of law. (B.A.P. 6th Cir.)
Issue(s)
Automatic Stay; Duration.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Smith, In re
Aug
18
2017
Ruling
Automatic stay was terminated where the debtor filed his second bankruptcy petition withina year after the first was dismissed. (Bankr. D. Me.)
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
:
- 11 U.S.C.
Cox, In re
Aug
09
2017
Ruling
Court denied debtors' motion to extend automatic stay as they failed to rebut the presumptionthat their case was not filed in good faith. (Bankr. E.D. Okla.)
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.
O'Farrill, In re
Jul
25
2017
Ruling
Court found that there was no automatic stay in place as chapter 13 debtor had two cases pending within the preceding year, both of which were dismissed. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More Prior Cases; Stay Does Not Automatically Take Effect.
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Court
:
- 11 U.S.C.
In re Tate
Dec
28
2016
Ruling
Debtor's motion to reimpose stay for third bankruptcy granted as debtor showed clear andconvincing evidence that case was filed in good faith. (Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More Prior Cases; Order For Stay to Take Effect.
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Court
:
- 11 U.S.C.
Heckman v. Reading Area Water Auth. (In re Heckman)
Dec
06
2016
Ruling
Creditor did not violate stay which did not take effect in debtor’s fourth case until imposed bycourt order. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More Prior Cases.
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Court
:
- 11 U.S.C.
In re DeLeon
Dec
02
2016
Ruling
Extension of the automatic stay in debtor’s second case denied due to bad faith. (Bankr. S.D. Tex.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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Court
: