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In re Erevia

In re Erevia

Ruling
Extension of stay not warranted where debtor's schedules repeated inaccuracies from those filed in prior case and application of presumption of lack of good faith.
Procedural posture

A bankruptcy debtor filed a second bankruptcy petition within a year after a first petition was dismissed based upon the debtor's failure to cure defaults and inaccuracies in the debtor's plan, financial statement, and schedules, as ordered by the bankruptcy court. The debtor moved to continue the automatic bankruptcy stay in the second case, which otherwise would expire, based on the debtor's good faith in filing the second petition.

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Consumer opinion summary, case decided on April 03, 2008 , LexisNexis #0508-107