Skip to main content

§ 362(c)

In re Lockett

Ruling
Debtor entitled to extension of stay in second case due to rebuttal of presumption of bad faith.
Issue(s)
Was debtor entitled to an extension of stay in second case or was debtor ineligible where prior case was voluntarily dismissed after a motion for relief from stay was filed?

ABI Membership is required to access the full summary of In re Lockett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 02, 2015 , LexisNexis #0715-114

In re Wright

Ruling
Extension of stay in chapter 11 case filed within one year after dismissal of chapter 13 case denied due to lack of good faith as to both debtor and debtor's property.
Issue(s)
Whether a denial of a request to extend the stay applies only to the debtor personally and to his or her exempt property, or whether it also applies to non-exempt property of the estate?

ABI Membership is required to access the full summary of In re Wright Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 01, 2015 , LexisNexis #0715-113

In re Hooey

Ruling
Failure to file mailing matrix was not grounds for denying extension of stay where debtor's case was otherwise filed in good faith.
Issue(s)
Should chapter 13 debtor's case be dismissed for lack of good faith due to failure to file the filing matrix?

ABI Membership is required to access the full summary of In re Hooey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 05, 2015 , LexisNexis #0515-112

In re Stevenin

Ruling
Stay was terminated in debtor's fourth case, filed as part of a scheme to defraud creditor, where debtor failed to file for an extension.
Issue(s)
Was the automatic stay terminated in debtor's fourth case due to failure to file for an extension, or was creditor entitled to relief from stay to pursue its rights under a mortgage?

ABI Membership is required to access the full summary of In re Stevenin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 10, 2015 , LexisNexis #0515-042

In re Preferred Prop. Group LLC

Ruling
Payments to debtor's attorneys pursuant to cash collateral order could not be recalled on FDIC's contention that the order was improperly issued.
Issue(s)
Could payments to debtor's attorney be recalled on FDIC claim that the payments were put to improper use?

ABI Membership is required to access the full summary of In re Preferred Prop. Group LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 31, 2015 , LexisNexis #0415-077

In re Wilson-Fields

Ruling
Stay extended in debtor's second case within one year on the basis of good faith.
Issue(s)
Should the automatic stay in debtor's second case filed within one year be extended?

ABI Membership is required to access the full summary of In re Wilson-Fields Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 21, 2015 , LexisNexis #0515-041

In re Scipio

Ruling
Serial filer not entitled to imposition of stay due to failure to rebut presumption of bad faith.
Issue(s)
Was debtor entitled to the imposition of the automatic stay in his third case filed within one year?

ABI Membership is required to access the full summary of In re Scipio Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 02, 2015 , LexisNexis #0415-006

In re Erevia

Ruling
Extension of stay in debtor's third bankruptcy case denied.
Issue(s)
Whether the court should grant a chapter 13 debtor's motion to extend the automatic stay as to all creditors pursuant to 11 U.S.C.S. § 362(c)(3)(B).

ABI Membership is required to access the full summary of In re Erevia Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 17, 2015 , LexisNexis #0315-041

In re Hoilien

Ruling
Creditor did not violate stay in debtor's third case where debtor had not moved for an extension and the stay had expired.
Issue(s)
Was the automatic stay still in effect in debtor's third bankruptcy case filed within one year or had the stay expired, allowing creditor to proceed with sale of property?

ABI Membership is required to access the full summary of In re Hoilien Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 03, 2015 , LexisNexis #0215-110

In re McKeal

Ruling
Untimely motion for extension of stay in debtor's second chapter 13 case in 12 months denied.
Issue(s)
Could debtor who did not complete the required notice and hearing within thirty days of her petition receive an extension of the automatic stay in a second case filed within one year of the first?

ABI Membership is required to access the full summary of In re McKeal Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 14, 2014 , LexisNexis #1214-042