- 11 U.S.C.
Goodrich, In re
Jul
20
2018
Ruling
Court adopted the Minority Approach, construing § 362(c)(3)(A) to terminate the stay entirely unless the debtor or another party in interest makes the requisite showing, and court orders otherwise, within 30 days of the date the debtor filed the second case. (Bankr. D. Vt.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Termination of Stay on 30th Day.
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Court
:
- 11 U.S.C.
Smith, In re
Aug
18
2017
Ruling
Automatic stay was terminated where the debtor filed his second bankruptcy petition withina year after the first was dismissed. (Bankr. D. Me.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Termination of Stay on 30th Day
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Court
:
- 11 U.S.C.
In re Tolliver
Aug
04
2016
Ruling
Extension of stay in debtor’s second case denied absent change in circumstances. (Bankr. S.D.Tex.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Termination of Stay on 30th Day.
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Court
:
- 11 U.S.C.
In re Hale
Aug
03
2015
Ruling
Motion to reimpose stay as to debtor denied but stay remained in effect as to property of the estate.
Issue(s)
Whether the automatic stay may be extended or re-imposed after the statutory termination date and whether termination of the automatic stay applies to property of the estate as well as to the debtor?
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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 Dyer
Mar
14
2013
Ruling
Bankruptcy court abused discretion in dismissing case and ordering disgorgement of fees based on alleged termination of stay.
Procedural posture
Chapter 13 debtors appealed from an order of the United States Bankruptcy Court for the Southern District of Ohio, that denied confirmation of the debtors' plan, dismissed the debtors' case, and ordered disgorgement of the debtors' counsel's fees.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Scott-Hood
Jun
18
2012
Ruling
Order terminating stay as to debtor's real property reversed on reconsideration.
Procedural posture
Debtor filed a motion to reconsider or vacate the court's order confirming termination of the automatic stay in her chapter 13 case. Debtor's motion sought a determination that the stay remained in full force and effect with respect to the real property at issue under the terms of 11 U.S.C.S. § 362(c)(3)(A), because such property was property of the estate, not property of the debtor.
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Court
:
- 11 U.S.C.
Chorzepa, In re
Jul
05
2011
Ruling
Retroactive annulment of automatic stay was unnecessary as the stay had elapsed before theinitiation and completion of the foreclosure sale. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Termination of Stay on 30th Day.
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Court
:
- 11 U.S.C.
Reswick v. Reswick (In re Reswick)
Feb
04
2011
Ruling
Former spouse's wage garnishment properly held not to violate stay.
Procedural posture
Appellant Chapter 7 debtor filed a motion in the United States Bankruptcy Court for the Northern District of California which asked the court to issue an order requiring appellee, his ex-wife, to reimburse $4,444 she had garnished from his wages, pay his attorneys' fees, and pay him damages for inflicting emotional distress. The bankruptcy court found that the debtor's ex-wife had not violated 11 U.S.C.S. § 362, the debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Alvarez
May
11
2010
Ruling
Creditor ordered to turn over vehicle repossessed after stay terminated in debtor's second bankruptcy with respect to debtor only.
Procedural posture
A prior case of a bankruptcy debtor was dismissed and, after more than 30 days elapsed in the debtor's subsequent bankruptcy case, a creditor repossessed the debtor's vehicle based on the termination of the automatic bankruptcy stay under 11 U.S.C.S. § 362(c)(3)(A). The debtor moved for turnover of the vehicle, and the creditor moved for an order confirming termination of the stay.
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Court
: