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In re Phillips

Pre 2005-Act: 
Pre 2005-Act
Automatic stay was extended for second chapter 13 case because the debtor demonstrated good faith in making second filing despite failing to make payments in the first case, and changed circumstances showed an ability to pay.
Procedural posture: 
Debtor filed a motion to extend the automatic stay in her chapter 13 bankruptcy case pursuant to 11 U.S.C. § 362(c)(3) under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Neither the Trustee nor any creditors filed an objection to the motion.
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