- 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
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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
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- 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
- 11 U.S.C.
In re Hart
Feb
26
2013
Ruling
Court declined to impose stay in debtor's third case in one year due to presumption of bad faith.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code in January 2013, after two chapter 13 bankruptcy cases he filed in 2012 were dismissed, and he asked the court to impose the automatic stay on all creditors. A chapter 7 trustee who was appointed to administer the debtor's case and the United States, on behalf of the Internal Revenue Service ("IRS"), opposed the debtor's motion.
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Court
:
- 11 U.S.C.
In re Hart
Nov
23
2012
Ruling
Extension of stay denied due to presumption of bad faith.
Procedural posture
Debtor filed a second petition under chapter 13. Creditor, the Internal Revenue Service (IRS) sought to reduce to judgment certain outstanding federal tax liabilities assessed against him, and to foreclose certain federal tax liens on a parcel of real property. The debtor filed a motion to extend the automatic stay beyond the 30th day after the second petition was filed, under 11 U.S.C.S. § 362(c)(3). The IRS objected to that relief.
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Court
:
- 11 U.S.C.
In re Payton
Nov
05
2012
Ruling
Extension of stay granted in case filed within 180 days of prior voluntary dismissal, which was not requested following filing of motion for relief from stay.
Procedural posture
A chapter 13 debtor filed a motion for an extension of the automatic stay under 11 U.S.C.S. § 362(c)(3). The Chapter 13 trustee moved to dismiss, asserting that the debtor was ineligible for bankruptcy relief under 11 U.S.C.S. § 109(g)(2).
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Court
:
- 11 U.S.C.
Santander Consumer USA Inc. v. Houlik (In re Houlik)
Oct
29
2012
Ruling
Award of sanctions for creditor's repossession of vehicle one year after confirmation and two months after case was closed without discharge reversed and vacated.
Procedural posture
Creditor challenged an order of the U.S. Bankruptcy Court for the District of Kansas awarding actual damages of $474 and punitive damages of $25,000 to appellees, the individual chapter 11 debtors, as a sanction for its repossession of their vehicle.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Timmons v. Rose Acceptance Inc. (In re Timmons)
Sep
20
2012
Ruling
Debtor granted temporary relief from order allowing foreclosure to proceed due to improved circumstances.
Procedural posture
Plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor and sought an order restraining the creditor from selling his home in a foreclosure sale. The court held a hearing on the debtor's motion.
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Court
:
- 11 U.S.C.
Eastern Savings Bank v. Toor (In re Toor)
Jun
22
2012
Ruling
Ruling that debtor's third case in one year was filed in good faith affirmed.
Procedural posture
Creditor challenged a decision of the United States Bankruptcy Court for the District of Connecticut, which granted debtor's motion to impose the automatic stay pursuant to 11 U.S.C.S. § 362(c)(4)(C).
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Court
:
- 11 U.S.C.
In re Scott-Hood
Jun
18
2012
Ruling
Order terminating stay as to debtor's real property reversed on reconsideration.
Procedural posture
Debtor filed a motion to reconsider or vacate the court's order confirming termination of the automatic stay in her chapter 13 case. Debtor's motion sought a determination that the stay remained in full force and effect with respect to the real property at issue under the terms of 11 U.S.C.S. § 362(c)(3)(A), because such property was property of the estate, not property of the debtor.
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Court
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