- 11 U.S.C.
In re McClam
Feb
16
2012
Ruling
Relief from stay in debtor's prior case could not be carried over into current case absent extreme abuse.
Procedural posture
This matter came before the court on a creditor's motion for relief from the automatic stay. A hearing was held. The trustee's motion to dismiss was also pending.
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Court
:
- 11 U.S.C.
In re Brown
Nov
15
2011
Ruling
Relief from stay in debtor's second case, filed after automatic dismissal of first case, denied absent evidence of bad faith.
Procedural posture
Creditor sought in rem relief from the automatic stay per 11 U.S.C.S. § 362(d)(4) on the ground that debtor, whose prior bankruptcy case had been automatically dismissed under 11 U.S.C.S. § 521(i), was engaged in a scheme to delay, hinder and defraud the creditor. Debtor opposed the motion on the ground that there was no fraudulent intent and that she intended to pay the creditor through her chapter 13 plan.
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Court
:
- 11 U.S.C.
In re 177 Weston Rd. LLC
Jul
22
2011
Ruling
Transfer of property held by several family members to debtor LLC just prior to petition date was not fraudulent and not grounds for relief from stay.
Procedural posture
A creditor asserted that a bankruptcy debtor, a limited liability company, was created and filed for bankruptcy as a scheme to hinder, delay or defraud the creditor by preventing the creditor from foreclosing against the debtor's real property. The creditor moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C.S. § 362(d)(4).
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Court
:
- 11 U.S.C.
In re Blair
Dec
21
2009
Ruling
Mortgage creditor granted in rem relief to prevent further stays against foreclosure due to debtor's serial filings.
Procedural posture
Movant creditor, the mortgage lender on debtors' real property, moved for in rem relief regarding the mortgaged premises, asserting that the debtors had filed ten separate serial bankruptcy cases for the purpose of hindering and delaying the creditor's attempts to foreclose against the real property.
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Court
:
- 11 U.S.C.
In re Abdulla
Feb
06
2009
Ruling
Relief from stay to foreclose on debtor's two apartment buildings denied where creditor was adequately protected.
Procedural posture
Creditor, which held a mortgage on the debtors' two contiguous apartment buildings (property), sought relief from the automatic stay to foreclose its mortgage. The debtors sought authority to use the creditor's cash collateral which consisted of the rents generated by the nine currently- occupied units.
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Court
:
- 11 U.S.C.
In re Lemma
Sep
29
2008
Ruling
Relief from co-debtor stay denied where debtor's plan proposed to pay creditor's claim in full.
Procedural posture
A creditor of a chapter 13 debtor filed a motion to terminate the co-debtor stay imposed by 11 U.S.C.S. § 1301(a) as to a co-obligor and for relief pursuant to 11 U.S.C.S. § 362(d)(4)(B) that, in the event of any future filings by the debtors, the automatic stay would not go into effect as to the creditor with respect to the debtors' residence.
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Court
:
- 11 U.S.C.
In re Duncan & Forbes Dev. Inc.
Apr
06
2007
Ruling
Prepetition transfer of property subject to delinquent loan from debtor's principal to debtor was not part of a scheme to hinder and delay creditor.
Procedural posture
A creditor moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(d)(4), alleging that a transfer of real property from a principal of a corporate bankruptcy debtor to the debtor constituted a scheme to hinder, delay, and defraud the creditor which was secured by the property.
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Court
:
- 11 U.S.C.
In re Young
Jan
10
2007
Ruling
Bankruptcy court refused to extend stay and allowed creditor to proceed against property where debtor and daughter had engaged in deceptive scheme.
Procedural posture
In this chapter 7 action, an attorney filed a motion for modification of automatic stay to act against real property in rem and to proceed with pending state court litigation. Subsequently, debtor filed her emergency motion to extend the automatic stay.
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Court
:
- 11 U.S.C.
In re Muhaimin
Apr
26
2006
Ruling
Creditors were denied relief from automatic stay since they failed to show debtors'multiple filings were part of a scheme to defraud creditors.
Procedural posture
Secured creditors that held interests in the residential real estate of three debtors, each moved for relief from the automatic stay and for relief under 11 U.S.C. § 362(d)(4), on the basis that the debtor in each case, and their codebtors, had used multiple bankruptcy filings to frustrate foreclosure sales on their residences. A creditor also prayed for the imposition of an equitable servitude on one debtors'property under Maryland case law.
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Court
:
- 11 U.S.C.
In re McCray
Feb
15
2006
Ruling
Creditor's motion for relief from stay was granted since filnig was made in bad faith.
Procedural posture
The debtor leased property from the owners of the property who themselves had a history of bankruptcy filings in an effort to prevent creditor from foreclosing on the subject property. The creditor moved for relief from the automatic stay or for a determination that no stay arose by reason of 11 U.S.C. § 362(b)(22). The creditor claimed to own the property by reason of a foreclosure sale.
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Court
: