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§ 362(c)(2)

In re Morales

Mar
28
2007
Ruling
Court refused to extend stay where debtor's third bankruptcy was severely underfunded.
Procedural posture

A chapter 13 debtor filed a motion to extend or impose the automatic stay, pursuant to 11 U.S.C. § 362(c)(4). The United States Department of Agriculture ("USDA") filed a resistance to the motion.

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opinion summary, case decided on March 28, 2007 , LexisNexis #0507-038
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In re Stewart

Feb
14
2007
Ruling
Post-discharge motion to vacate stay to allow foreclosure was moot.
Procedural posture

Debtor was discharged from all dischargeable debts, and movant creditor filed a motion, notice, and declaration requesting that the court vacate the automatic stay to permit movant to foreclose upon mortgaged property.

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opinion summary, case decided on February 14, 2007 , LexisNexis #0407-112
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United States v. White

Oct
11
2006
Ruling
Post-confirmation assessment of tax liability was erroneously invalidated by district court.
Procedural posture

Plaintiff United States appealed from the District Court for the Northern District of Georgia, challenging the invalidation of its assessment of a tax liability against defendant debtor following confirmation of the taxpayer's chapter 11 bankruptcy plan.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on October 11, 2006 , LexisNexis #1106-081
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Wood v. United States (In re Wood)

Mar
02
2006
Ruling
IRS's postpetition efforts to collect prepetition debts did not violate automatic stay since the stay was lifted when the debtor received a discharge and the income tax deficiencies were exempted from discharge.
Procedural posture

Plaintiff debtor sought relief against defendant IRS for the IRS's postpetition efforts to collect debtor's prepetition tax deficiencies, asserting that the IRS violated the court's order confirming debtor's plan and the automatic stay, and filed an alleged false proof of claim. Debtor sought actual and punitive damages, and sanctions against the IRS, which moved to dismiss the complaint.

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opinion summary, case decided on March 02, 2006 , LexisNexis #0506-009
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