- 11 U.S.C.
In re Sharpe
Feb
27
2008
Ruling
Extension of stay in debtor's third case in eighteen months denied due to failure to rebut presumption of bad faith.
Procedural posture
A debtor filed his third chapter 13 petition in 18 months. Pursuant to 11 U.S.C.S. § 362(c)(3), because of the pendency of the debtor's second case within one year of the third case, the automatic stay terminated on the 30th day following the third filing. The debtor filed a motion to extend the automatic stay, and the creditor opposed the motion and moved to modify the stay to continue its foreclosure action.
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Court
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