- 11 U.S.C.
In re Pruitt
Oct
21
2016
Ruling
Extension of stay as to creditor condominium association in debtor’s second case within oneyear denied. (Bankr. S.D. Ga.)
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.
In re Bowman
Sep
01
2016
Ruling
Extension of stay denied with regard to creditor landlord due to debtor’s bad faith. (Bankr. S.D. Ga.)
Issue(s)
Should the automatic stay be extended in debtor’s second case filed within one year?
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Court
:
- 11 U.S.C.
In re Tolliver
Aug
04
2016
Ruling
Extension of stay in debtor’s second case denied absent change in circumstances. (Bankr. S.D.Tex.)
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.
In re Keeler
May
27
2016
Ruling
Automatic stay in case filed shortly after dismissal of debtors’ prior case terminated as amatter of law absent timely extension. (Bankr. N.D. Ga.)
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.
Lewis v. Noble (In re Lewis)
Mar
10
2016
Ruling
Foreclosure conducted in violation of validly extended stay in debtor's second bankruptcy case voided.
Issue(s)
Was debtor entitled to damages for violation of the automatic stay by creditor in debtor's second bankruptcy case? [1]-An order the court entered after a debtor declared Chapter 13 bankruptcy for a second time within a twelve-month period, which extended the automatic stay beyond the 30-day period specified in 11 U.S.C.S. § 362(c)(3) at the request of the debtor and a creditor who sold real property to the debtor, was a valid order, and the creditor's action in initiating a foreclosure sale of the property without requesting termination of the automatic stay and purchasing the property at that sale violated the stay and was invalid; [2]-Although the debtor sought damages in addition to an order invalidating the foreclosure sale, her request for damages had to be denied because it was not supported by evidence showing the type or amount of damages she sustained, if any.
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Court
:
- 11 U.S.C.
TitleMax of Ga. Inc. v. Stanfield (In re Stanfield)
Feb
18
2016
Ruling
Automatic stay ceased to apply to pledged vehicle after expiration of extended redemption period.
Issue(s)
Should creditor be granted relief from stay to exercise its state-law rights and remedies against a motor vehicle under a prepetition title pawn contract?
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Court
:
- 11 U.S.C.
In re Davis
Dec
17
2015
Ruling
Extension of stay in debtors' third case denied due to lack of evidence of ability to make plan payments.
Issue(s)
Were debtors entitled to an extension of the automatic stay in their third bankruptcy filed days after dismissal of their second case?
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Court
:
- 11 U.S.C.
In re Garner
Nov
12
2015
Ruling
Automatic stay extended in debtor's third case filed within one year due to debtor's good faith.
Issue(s)
Should the automatic stay be extended in debtor's third case filed within one year?
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Court
:
- 11 U.S.C.
Southern Motors of Savannah Inc. v. Crosby (In re Crosby)
Aug
14
2015
Ruling
Relief from stay in debtor's second case within one year denied where debtor rebutted the presumption of bad faith.
Issue(s)
Should relief from stay be granted in debtor's second case filed within one year?
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Court
:
- 11 U.S.C.
In re Hale
Aug
03
2015
Ruling
Motion to reimpose stay as to debtor denied but stay remained in effect as to property of the estate.
Issue(s)
Whether the automatic stay may be extended or re-imposed after the statutory termination date and whether termination of the automatic stay applies to property of the estate as well as to the debtor?
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Court
: