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In re Jones

Mar
21
2006
Ruling
Debtor did not need an extension of the automatic stay since the property in question was estate property.
Procedural posture

A chapter 13 matter was before the court on the motion for declaratory judgment and, in the alternative, for the continuance of the automatic stay filed by debtor. A secured creditor with a lien on debtor's residence filed a response in opposition to the motion.

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opinion summary, case decided on March 21, 2006 , LexisNexis #0406-003
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In re Beaver

Jan
24
2006
Ruling
Court held that the debtor was not limited to making preconfirmation direct payments to provide adequate protection to the creditor of a security interest and approved an agreed-on preconfirmation installment payment plan.
Procedural posture

Petitioner creditor filed a motion for preconfirmation adequate protection of its security interests in vehicles owned by one of respondent debtors. The debtors objected that adequate protection could be provided by means other than the direct payments requested.

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opinion summary, case decided on January 24, 2006 , LexisNexis #0206-060
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In re Paschal

Jan
06
2006
Ruling
Court interpreted section 362(c)(3)(A) of the Code to not have terminated all of the debtor's automatic stay protections simply because the debtor had a prior case dismissed within the preceding year but rather to have terminated only if actions were taken by creditors within the prior year.
Procedural posture

Movant, a chapter 13 debtor, sought a declaratory judgment and, in the alternative, sought a continuance of the automatic stay, requesting the court to determine the meaning of 11 U.S.C. § 362(c)(3)(A), as enacted pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8, § 302.

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opinion summary, case decided on January 06, 2006 , LexisNexis #0306-004
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In re Moore

Dec
02
2005
Ruling
Automatic stay was extended for second filing made within a year of a prior case being closed since the prior case had actually been dismissed just not closed more than a year before the second filing.
Procedural posture

A bankruptcy debtor's prior bankruptcy case was dismissed and the debtor filed a second case within a year after the prior case was closed. The debtor moved to extend the automatic bankruptcy stay in the second case, which would otherwise expire 30 days after the second case was filed pursuant to 11 U.S.C. § 362(c)(3).

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opinion summary, case decided on December 02, 2005 , LexisNexis #0306-003
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