- 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
:
In re Larijani
Apr
03
2013
Ruling
Debtors' fourth case dismissed due to failure to obtain required credit counseling.
Procedural posture
Putative chapter 13 debtor filed a motion to vacate a prior court order dismissing his instant case, and requesting an extension of time within which to obtain credit counseling services, on the grounds that a foreclosure was scheduled for the day after he filed his bankruptcy petition. When debtor had failed to appear at a hearing on the counseling issue, his case was dismissed.
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Court
:
- 11 U.S.C.
In re Matthews
Apr
03
2013
Ruling
Case dismissed with one year filing bar due to lack of good faith.
Procedural posture
Chapter 7 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3), the primary creditor filed a motion to dismiss debtor's case for abuse pursuant to 11 U.S.C.S. § 707(b).
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Court
:
- 11 U.S.C.
In re Dyer
Mar
14
2013
Ruling
Bankruptcy court abused discretion in dismissing case and ordering disgorgement of fees based on alleged termination of stay.
Procedural posture
Chapter 13 debtors appealed from an order of the United States Bankruptcy Court for the Southern District of Ohio, that denied confirmation of the debtors' plan, dismissed the debtors' case, and ordered disgorgement of the debtors' counsel's fees.
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Court
:
Judge or Jurisdiction information not available