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§ 362(d)(4)(B)

Wallace, In re

May
06
2025
Ruling
Relief from stay granted as debtors’ serial filings and selective creditor listings demonstrated a scheme to delay and hinder creditors. (Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property; Multiple Filings.

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Consumer opinion summary, case decided on May 06, 2025 , LexisNexis #0725-030
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Civic, In re

Jan
21
2022
Ruling
Relief from automatic stay and co-debtor stay was appropriate as the movant had beenharmed by the debtor and the individual's repeated bankruptcy filings. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors

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Consumer opinion summary, case decided on January 21, 2022 , LexisNexis #0422-008
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Anderson, In re

Nov
20
2018
Ruling
Creditor's motion for relief from stay was granted where court found that the filing of the casewas part of an intentional effort by debtor to prevent the creditor from completing theforeclosure sale of the property. (Bankr. D. Me.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors

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Consumer opinion summary, case decided on November 20, 2018 , LexisNexis #0119-006
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In re Khurana

Jun
17
2016
Ruling
Order issued confirming that relief from automatic stay issued in debtor’s earlier case remained in effect after filing of second case.
Issue(s)
Was creditor entitled to an order enforcing the termination of stay awarded in debtor’s prior dismissed case?

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Consumer opinion summary, case decided on June 17, 2016 , LexisNexis #0716-038
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In re Khurana

Jun
17
2016
Ruling
Order issued confirming that relief from automatic stay issued in debtor’s earlier case remained in effect after filing of second case.
Issue(s)
Was creditor entitled to an order enforcing the termination of stay awarded in debtor’s prior dismissed case?

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Consumer opinion summary, case decided on June 17, 2016 , LexisNexis #0716-038
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In re Lewis

May
18
2016
Ruling
Creditor granted in rem relief from stay.
Issue(s)
Should bank be granted in rem relief from the automatic stay?

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Consumer opinion summary, case decided on May 18, 2016 , LexisNexis #0616-078
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In re Blair

Dec
21
2009
Ruling
Mortgage creditor granted in rem relief to prevent further stays against foreclosure due to debtor's serial filings.
Procedural posture

Movant creditor, the mortgage lender on debtors' real property, moved for in rem relief regarding the mortgaged premises, asserting that the debtors had filed ten separate serial bankruptcy cases for the purpose of hindering and delaying the creditor's attempts to foreclose against the real property.

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Consumer opinion summary, case decided on December 21, 2009 , LexisNexis #0210-111
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In re Lemma

Sep
29
2008
Ruling
Relief from co-debtor stay denied where debtor's plan proposed to pay creditor's claim in full.
Procedural posture

A creditor of a chapter 13 debtor filed a motion to terminate the co-debtor stay imposed by 11 U.S.C.S. § 1301(a) as to a co-obligor and for relief pursuant to 11 U.S.C.S. § 362(d)(4)(B) that, in the event of any future filings by the debtors, the automatic stay would not go into effect as to the creditor with respect to the debtors' residence.

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Consumer opinion summary, case decided on September 29, 2008 , LexisNexis #1208-006
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