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§ 363(c)(3)

In re Wimmer

Ruling
Extension of stay in debtors' second case within one year denied due to failure to rebut the presumption of bad faith.
Issue(s)
Should the automatic stay be extended in case filed two months after the dismissal of debtors'prior case for failing to file a mailing matrix?

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Consumer opinion summary, case decided on December 18, 2015 , LexisNexis #0116-044

Chartrand v. Bank of Am. N.A. (In re Chartrand)

Ruling
Stay terminated in debtor's second chapter 13 case where debtor failed to take timely action to obtain extension.
Issue(s)
Had the automatic stay expired in debtor's second chapter 13 case?

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Consumer opinion summary, case decided on January 22, 2015 , LexisNexis #0215-082

Chartrand v. Bank of Am. N.A. (In re Chartrand)

Ruling
Stay terminated in debtor's second chapter 13 case where debtor failed to take timely action to obtain extension.
Issue(s)
Had the automatic stay expired in debtor's second chapter 13 case?

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Consumer opinion summary, case decided on January 22, 2015 , LexisNexis #0215-082

In re Jefferson

Ruling
Extension of stay in debtor's second chapter 13 case denied where debtor did not rebut presumption that case was not filed in good faith.
Procedural posture

A debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 363(c)(3)(B) as to all creditors. The chapter 13 trustee opposed the motion.

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Consumer opinion summary, case decided on May 14, 2010 , LexisNexis #0810-006

In re Pullen

Ruling
Order for relief from stay vacated due to debtors'initiation of plan in good faith.
Procedural posture

The debtors filed for relief under chapter 13. In an earlier proceeding the court granted the creditor's emergency relief from the automatic stay. The debtor sought to vacate the relief granted, sought to extend the automatic stay, and sought confirmation of their proposed plan. The creditor sought reconsideration.

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Consumer opinion summary, case decided on July 06, 2007 , LexisNexis #1007-043