Skip to main content

§ 362(c)

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

U.S. Bank v. Robinson (In re Robinson)

Ruling
Postdismissal, pre-reinstatement foreclosure did not violate stay.
Issue(s)
Was foreclosure conducted between dismissal and reinstatement of debtor's case valid?

ABI Membership is required to access the full summary of U.S. Bank v. Robinson (In re Robinson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 24, 2014 , LexisNexis #0315-040

In re Reidy

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?

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

Consumer opinion summary, case decided on September 24, 2014 , LexisNexis #1114-007

In re Pyburn

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?

ABI Membership is required to access the full summary of In re Pyburn 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 21, 2014 , LexisNexis #0614-044