Whitaker v. Baxter (In re Whitaker)

Court reinstated automatic stay for second filing based on its equitable powers to prevent abuse of process since debtors had acted in good faith and creditors had not objected to stay reinstatement.
Procedural posture: 
Debtors who filed a second chapter 13 petition within a one year period moved to reinstate the automatic stay of pursuant to 11 U.S.C. § 362(c)(3)(B) or (c)(4)(B) as amended following the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The bankruptcy court considered whether such relief was available, or whether the application of 11 U.S.C. § 105(a) relief was warranted.
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