In re Durham
Oct
25
2011
Ruling
Debtors were not eligible due to dismissal of prior case after order granting creditor relief from stay within 180 days of filing second case.
Procedural posture
Bankruptcy debtors voluntarily dismissed a first bankruptcy case and filed a second case two months later. The debtors moved to extend the automatic bankruptcy stay which would otherwise expire automatically based on the prior case being dismissed within a year of the present case. The bankruptcy trustee objected to the extension.
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Court
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