- 11 U.S.C.
In re Franzese
Jul
19
2007
Ruling
Stay extended in debtors'second case in 180 days despite late filing of motion as in best interests of debtors and reorganization.
Procedural posture
The debtors filed for relief 180 days after their earlier case under chapter 13 was dismissed. The debtors filed an emergency motion to continue the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B) and (4)(B).
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:
- 11 U.S.C.
In re Taylor
Apr
26
2007
Ruling
Extension of stay denied in debtor's fourth chapter 13 case where debtor failed to rebut presumption of bad faith.
Procedural posture
Chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Tubman
Mar
26
2007
Ruling
Stay in debtor's third chapter 13 case terminated after 30 days as to debtor and debtor's property only, not property of the estate.
Procedural posture
Chapter 13 debtor filed a motion to extend the automatic stay under 11 U.S.C. § 362(c)(3)(B) and a motion for a declaratory judgment as to the continuation of the stay as to property of the estate.
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Court
:
- 11 U.S.C.
In re Chaney
Feb
27
2007
Ruling
Extension of stay denied in debtor's sixth case due to failure to rebut presumption of bad faith.
Procedural posture
A debtor filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B), in his chapter 13 bankruptcy case.
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Court
:
- 11 U.S.C.
In re McFeeley
Feb
23
2007
Ruling
Stay in debtor's second chapter 13 case terminated as to debtor and debtor's property but not as to property of the estate.
Procedural posture
Chapter 13 debtor filed a motion to extend the automatic stay under 11 U.S.C. § 362(c)(3)(B).
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:
- 11 U.S.C.
In re Curry
Feb
22
2007
Ruling
Stay terminated after 30 days in debtor's second bankrupty not only as to person or property of debtor but also as to property of the estate.
Procedural posture
Movant creditor sought an order confirming that an automatic stay issued in reference to the debtor's chapter 13 bankruptcy filing had in fact terminated with respect to the property securing the mortgage issued by the creditor such that the creditor could move forward with foreclosure on the debtor's residence.
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:
- 11 U.S.C.
Chi Chiu v. Barnard (In re Barnard)
Feb
08
2007
Ruling
Stay continued in debtor's fourth case conditioned upon payment of postpetition rent and timely payment of future rents.
Procedural posture
Respondent debtor sought bankruptcy relief under chapter 13. Movant creditor sought relief from the automatic stay order to prosecute an unlawful detainer action for possession of real property that was rented by the debtor.
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:
- 11 U.S.C.
In re Dillard
Feb
07
2007
Ruling
Motion to extend stay denied as to creditor that foreclosed on debtor's property after prior bankruptcy was dismissed for failure to comply with credit counselling requirement.
Procedural posture
After a foreclosure deed conveyed the interest of movant debtor in her residence to a creditor, a special warranty deed was filed that conveyed the creditor's interest in the residence to respondent guarantor, who had guaranteed the debtor's obligation to the creditor. In her second bankruptcy proceeding, the debtor filed a motion to extend the stay under 11 U.S.C. § 362(c)(3), the guarantor opposed this extension.
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:
- 11 U.S.C.
Jumpp v. Chase Home Fin. LLC (In re Jumpp)
Dec
28
2006
Ruling
Stay in debtor's second chapter 13 case in one year did not terminate after 30 days with respect to property of the estate.
Procedural posture
Chapter 13 debtor appealed a decision of the Bankruptcy Court for the District of Massachusetts, which denied debtor's motion for a determination and declaratory judgment as to the continuation and existence of the automatic stay, 11 U.S.C. § 362, a motion to reimpose the stay.
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- 11 U.S.C.
In re Maxey
Dec
27
2006
Ruling
Stay annulled where debtor filed ninth petition after not making mortgage payments for 38 weeks.
Procedural posture
A creditor filed a motion, pursuant to 11 U.S.C. § 362(c)(4) and (d), for a declaration that the automatic stay was inapplicable or an annulment of the stay to validate its foreclosure of the debtor's home. The debtor filed a motion for an order extending the stay beyond 30 days, pursuant to section 362(c)(3).
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