- 11 U.S.C.
In re Jupiter
Jun
21
2006
Ruling
Court issued order confirming termination of automatic stay and held that section 362(c)(3)(A) terminated automatic stay as to debtor and property of debtor's estate.
Procedural posture
This matter came before the court upon a request for an order confirming termination of the automatic stay filed by creditor. Creditor sought an order confirming termination of the automatic stay pursuant to 11 U.S.C. § 362(j) and U.S. Dist. Ct., D.S.C., Bankr. R. 4001-l(d).
ABI Membership is required to access the full summary of In re Jupiter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Williams
Jun
21
2006
Ruling
Debtor was not entitled to injunctive relief to extend stay which had expired on dismissal of chapter 13 case.
Procedural posture
After his chapter 13 case was dismissed for failure to file all required documents, the debtor filed a motion requesting that a stay be imposed with respect to all creditors in order to provide the debtor with an opportunity to file and proceed to confirm a plan. Two secured creditors objected to the stay.
ABI Membership is required to access the full summary of In re Williams Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Carr
Jun
09
2006
Ruling
Automatic stay was extended beyond 30th day following filing since, under totality of circumstances, case was filed in good faith.
Procedural posture
A chapter 13 case was before the court on debtor's motion to extend the automatic stay beyond the 30th day following the filing of this case pursuant to 11 U.S.C. § 362(c)(3)(B). The motion was unopposed. The matter was before the court for preparation of a memorandum opinion memorializing its bench ruling.
ABI Membership is required to access the full summary of In re Carr Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Elbert
May
16
2006
Ruling
Debtor who was earning income subsequent to two prior dismissals and could now make plan payments was entitled to extension of stay.
Procedural posture
Movant debtor sought to extend the stay pursuant to 11 U.S.C. § 362(c)(3)(B). Respondent chapter 13 trustee filed a response.
ABI Membership is required to access the full summary of In re Elbert Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Harris
May
01
2006
Ruling
Debtor was denied motion to extend automatic stay since debtor did not rebut presumption of bad faith in making later filing.
Procedural posture
Before the court in a chapter 13 matter was a mortgage holder's motion seeking entry of an order confirming that the automatic stay was no longer in effect in the case pursuant to 11 U.S.C. § 362(c)(3), debtor's motion to extend the automatic stay pursuant to section 362(c)(3)(B).
ABI Membership is required to access the full summary of In re Harris Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Castaneda
Apr
28
2006
Ruling
Motion to continue automatic stay was granted since debtor rebutted presumption of bad faith in making second filing.
Procedural posture
The debtor filed a motion to continue the automatic stay as to all creditors beyond the 30th day after the filing of her bankruptcy case pursuant to 11 U.S.C. § 362(c)(3)(B).
ABI Membership is required to access the full summary of In re Castaneda Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Parker
Apr
18
2006
Ruling
Motion to extend automatic stay was granted since debtor rebutted presumption of bad faith filing.
Procedural posture
In a chapter 13 bankruptcy case, debtor, who was also the debtor in a prior chapter 13 bankruptcy case that was pending within a year preceding the filing of the instant case, filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B). The trustee filed a response. Creditor, debtor's ex-wife, filed an objection to the motion.
ABI Membership is required to access the full summary of In re Parker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Montoya
Apr
12
2006
Ruling
Debtor was granted motion to continue automatic stay as to all creditors beyond the thirtieth day after filing.
Procedural posture
Debtor filed a motion, pursuant to 11 U.S.C. § 362(c)(3)(B), to continue the automatic stay as to all creditors beyond the 30th day after the filing of her chapter 13 case.
ABI Membership is required to access the full summary of In re Montoya Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Moon
Mar
28
2006
Ruling
Automatic stay expired since debtors chose a hearing date regarding an extension request that was more than 30 days after filing.
Procedural posture
The matter before the court was debtors'motion to extend the automatic stay as to debtors pursuant to 11 U.S.C. § 362(c)(3)(B), for clarification as to the effect of the automatic stay as to their property and as to property of the estate in their bankruptcy case. An objection was filed by a creditor.
ABI Membership is required to access the full summary of In re Moon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Love
Mar
23
2006
Ruling
Extension of stay denied to debtor whose prior case was dismissed for non-payment and who was unable to make plan payments due to theft of money by third party during hospitalization.
Procedural posture
Movant debtor sought to extend the stay pursuant to 11 U.S.C. § 362(c)(3)(B). Respondent creditor filed an objection.
ABI Membership is required to access the full summary of In re Love Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: