In re Easthope
Mar
28
2006
Ruling
Creditor's request for order confirming no automatic stay was in effect was denied since section 362(c)(3) applied and automatic stay went into effect for period of 30 days from current filing.
Procedural posture
Petitioner debtor filed a motion for an extension of the automatic stay beyond the 30-day period provided for in 11 U.S.C. § 362(c)(3)(A). Respondent creditor filed a motion for an order under section 362(c)(4)(A)(ii) confirming that no automatic stay was in effect and that the debtor had not overcome the presumption that his case was not filed in good faith.
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Court
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