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In re Davis

In re Davis

Ruling
Extension of stay granted where prior case was dismissed for failure to make chapter 13 plan payments and it appeared debtor would be able to fund plan in second case.
Procedural posture

A debtor filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3), in her chapter 13 bankruptcy case. A creditor objected to the motion on the ground that the debtor was unlikely to be able to make the proposed plan payments.

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opinion summary, case decided on August 23, 2006 , LexisNexis #1006-073