- 11 U.S.C.
U.S. Bank v. Robinson (In re Robinson)
Oct
24
2014
Ruling
Postdismissal, pre-reinstatement foreclosure did not violate stay.
Issue(s)
Was foreclosure conducted between dismissal and reinstatement of debtor's case valid?
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Court
:
- 11 U.S.C.
In re Reidy
Sep
24
2014
Ruling
Debtor entitled to extension of stay in second case, where first case was dismissed, given clear and convincing evidence of good faith.
Issue(s)
Was debtor entitled to an extension of the automatic stay in its second case, filed after the first case was dismissed, where a creditor alleged a lack of good faith as the debtor had yet to file schedules, a statement of financial affairs or any proposed chapter 13 plan?
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Court
:
- 11 U.S.C.
In re Pyburn
May
21
2014
Ruling
In rem proceeding to reform deed of trust did not violate stay.
Issue(s)
Did order granting stay relief against real property give creditor the right to reform a deed of trust, signed by debtor but not by debtor spouse?
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Court
:
- 11 U.S.C.
In re Gatlin
Feb
18
2014
Ruling
Stay imposed in debtor's third case within one year due to good faith, except as to foreclosure sale prior to petition date that was completed postpetition.
Issue(s)
Should a stay be imposed in debtor's third case filed within one year, including as to foreclosure for which sale was completed prior to petition date but which became final postpetition?
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Court
:
- 11 U.S.C.
In re Norris
Dec
31
2013
Ruling
Stay imposed in debtor's third case due to rebuttal of presumption of bad faith.
Issue(s)
Was debtor entitled to a stay in third case filed within one year.
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Court
:
In re Zow
Aug
27
2013
Ruling
Motion for relief from stay to proceed against abandoned property denied as moot.
Issue(s)
Is relief from stay necessary to proceed against property abandoned by chapter 7 trustee?
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Court
:
- 11 U.S.C.
In re Williford
Jul
17
2013
Ruling
Stay terminated in debtor's second case as to debtor and debtor's property but not as to property of the estate.
Procedural posture
The debtor filed a motion to extend the automatic stay, and the creditor filed a motion to confirm termination of the stay as to certain real property. The court denied the debtor's motion to the extent that it requested a retroactive reinstatement of the automatic stay, but it took under advisement the issue of whether the operation of 11 U.S.C.S. § 362(c)(3) terminated the entire automatic stay.
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Court
:
- 11 U.S.C.
In re McLemore
Jul
16
2013
Ruling
Untimely motion to extend stay in debtor's second case denied.
Procedural posture
A chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3).
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Court
:
- 11 U.S.C.
Edwards v. THR Georgia LLC (In re Edwards)
May
08
2013
Ruling
Reimposition of stay denied where foreclosure debtor sought to set aside had previously been validated.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and asked the court to extend the automatic stay until an adversary proceeding she filed pro se was resolved. The debtor argued that reimposition of the stay was appropriate because the requirements of O.C.G.A. § 44- 14-162.2 were not met when notice of an impending foreclosure was provided to her. 11 U.S.C.S. § 362(c)(3)(B) applied to her motion.
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Court
:
In re Vegt
Apr
30
2013
Ruling
Relief from stay granted as to chapter 12 debtor's farm property not necessary to effective reorganization.
Procedural posture
Chapter 12 debtors filed a motion for authority to use cash collateral under 11 U.S.C.S. § 363. A secured creditor filed a motion to modify the automatic stay under 11 U.S.C.S. § 362(c)(1)-(2) or alternatively dismiss the chapter 12 cases. A second secured creditor filed a motion for relief from the stay.
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Court
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