- 11 U.S.C.
In re Wright
Jul
01
2015
Ruling
Extension of stay in chapter 11 case filed within one year after dismissal of chapter 13 case denied due to lack of good faith as to both debtor and debtor's property.
Issue(s)
Whether a denial of a request to extend the stay applies only to the debtor personally and to his or her exempt property, or whether it also applies to non-exempt property of the estate?
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Court
:
- 11 U.S.C.
In re Hooey
May
05
2015
Ruling
Failure to file mailing matrix was not grounds for denying extension of stay where debtor's case was otherwise filed in good faith.
Issue(s)
Should chapter 13 debtor's case be dismissed for lack of good faith due to failure to file the filing matrix?
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Court
:
- 11 U.S.C.
In re Stevenin
Apr
10
2015
Ruling
Stay was terminated in debtor's fourth case, filed as part of a scheme to defraud creditor, where debtor failed to file for an extension.
Issue(s)
Was the automatic stay terminated in debtor's fourth case due to failure to file for an extension, or was creditor entitled to relief from stay to pursue its rights under a mortgage?
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Court
:
- 11 U.S.C.
In re Wilson-Fields
Mar
21
2015
Ruling
Stay extended in debtor's second case within one year on the basis of good faith.
Issue(s)
Should the automatic stay in debtor's second case filed within one year be extended?
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Court
:
- 11 U.S.C.
In re Erevia
Feb
17
2015
Ruling
Extension of stay in debtor's third bankruptcy case denied.
Issue(s)
Whether the court should grant a chapter 13 debtor's motion to extend the automatic stay as to all creditors pursuant to 11 U.S.C.S. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re McKeal
Nov
14
2014
Ruling
Untimely motion for extension of stay in debtor's second chapter 13 case in 12 months denied.
Issue(s)
Could debtor who did not complete the required notice and hearing within thirty days of her petition receive an extension of the automatic stay in a second case filed within one year of the first?
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Court
:
- 11 U.S.C.
In re Reidy
Sep
24
2014
Ruling
Debtor entitled to extension of stay in second case, where first case was dismissed, given clear and convincing evidence of good faith.
Issue(s)
Was debtor entitled to an extension of the automatic stay in its second case, filed after the first case was dismissed, where a creditor alleged a lack of good faith as the debtor had yet to file schedules, a statement of financial affairs or any proposed chapter 13 plan?
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Court
:
- 11 U.S.C.
In re Williford
Jul
17
2013
Ruling
Stay terminated in debtor's second case as to debtor and debtor's property but not as to property of the estate.
Procedural posture
The debtor filed a motion to extend the automatic stay, and the creditor filed a motion to confirm termination of the stay as to certain real property. The court denied the debtor's motion to the extent that it requested a retroactive reinstatement of the automatic stay, but it took under advisement the issue of whether the operation of 11 U.S.C.S. § 362(c)(3) terminated the entire automatic stay.
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Court
:
- 11 U.S.C.
In re McLemore
Jul
16
2013
Ruling
Untimely motion to extend stay in debtor's second case denied.
Procedural posture
A chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3).
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Court
:
- 11 U.S.C.
Edwards v. THR Georgia LLC (In re Edwards)
May
08
2013
Ruling
Reimposition of stay denied where foreclosure debtor sought to set aside had previously been validated.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and asked the court to extend the automatic stay until an adversary proceeding she filed pro se was resolved. The debtor argued that reimposition of the stay was appropriate because the requirements of O.C.G.A. § 44- 14-162.2 were not met when notice of an impending foreclosure was provided to her. 11 U.S.C.S. § 362(c)(3)(B) applied to her motion.
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Court
: