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§ 362(n)

Brendan Gowing, Inc., In re

Ruling
Automatic stay never came into effect in subchapter V case as debtors' first bankruptcy wasdismissed within the two-year period preceding the filing of the instant case. (Bankr. S.D. Tex.)
Issue(s)
Automatic Stay; Small Business Debtors; Exceptions; Dismissal of Small Business

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Commercial opinion summary, case decided on July 26, 2024 , LexisNexis #0924-082

Abundant Life Worship Ctr. of Hinesvill, GA, Inc., In re

Ruling
Motion to confirm no stay was in effect granted as debtor had a previous small business casedismissed within two years prior to the filing. (Bankr. S.D. Ga.)
Issue(s)
Automatic Stay; Small Business Debtors.

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Commercial opinion summary, case decided on December 16, 2020 , LexisNexis #0121-077

In re MCC Humble Auto Paint Inc.

Ruling
No stay was in effect in debtor's second small business case not filed under circumstances beyond debtor's control or that were unforeseeable.
Procedural posture

A creditor filed a motion to determine the applicability of the automatic stay, contending that no stay went into effect under 11 U.S.C.S. § 362(n).

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Commercial opinion summary, case decided on November 09, 2012 , LexisNexis #1212-006