McKinnon v. Prime South Bank (In re McKinnon)

Ruling: 
Automatic stay continued in debtor's chapter 13 case filed within one year of dismissal of chapter 12 case due to demonstrable good faith.
Procedural posture: 
The debtor moved for the extension of the automatic stay beyond the 30th day following the filing of his chapter 11 case, pursuant to 11 U.S.C. § 362(c)(3)(B). The issue was whether that section applied to the debtor, whose prior case was dismissed in the twelve month period immediately preceding the filing of the current case, was a chapter 12 case, and whether debtor could show that the current chapter 11 case was filed in good faith.
Issue: 
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Consumer case opionion summary, case decided on September 24,2007, LexisNexis #0108-004