§ 108(b)

1075 S Yukon, LLC, In re

Ruling: 
Debtor's pre-petition contractual right to exercise an option to purchase real property was not automatically extended if the deadline to exercise the option had not expired prior to the petition date as exercising the option was not "curing a default." (Bankr. D. Colo.)
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Commercial case opionion summary, case decided on July 30,2018, LexisNexis #0918-031

Bryant v. Hamilton Cnty. (In re Bryant)

Ruling: 
Trustee's extension of time to exercise right of redemption extended to chapter 13 debtor with regard to property of the estate.
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Consumer case opionion summary, case decided on April 05,2016, LexisNexis #0416-107

In re Rugroden

Debtor filed a Motion for Sanctions for Violation of the Automatic Stay seeking attorney's fees, actual damages, and punitive damages from the Internal Revenue Service (IRS), and an individual (purchaser) who purchased two properties from the IRS. The IRS filed a written opposition to the Motion for Sanctions as well as a separate Motion for Relief from the Automatic Stay Nunc Pro Tunc. The purchaser also filed a written opposition to the Motion.
Ruling: 
IRS execution of deeds to debtor's property after expiration of extended redemption period was ministerial and did not violate stay.
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Consumer case opionion summary, case decided on September 25,2012, LexisNexis #1212-071

In re Haake

A creditor of chapter 11 debtor filed a motion for relief from the automatic stay.
Ruling: 
Relief from stay granted given expiration of 60-day period to cure default.
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Consumer case opionion summary, case decided on September 18,2012, LexisNexis #0113-071

In re McKinney

Appellee debtor filed for chapter 13 bankruptcy. Appellant investor objected to the plan. The bankruptcy court denied the investor's objection. The investor appealed the denial of the objection to the United States District Court for the Central District of Illinois, which affirmed the bankruptcy court. The investor appealed.
Ruling: 
Denial of creditor's objection to debtor's chapter 13 plan was not a final appealable order.
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Consumer case opionion summary, case decided on June 23,2010, LexisNexis #0810-138

In re McKenith

A creditor filed a motion for relief from the automatic stay so that it could enforce its rights to property of a chapter 13 debtor that had been sold prior to the bankruptcy. The debtor alleged that the time for her to exercise her state law right of redemption under 735 ILCS 5/15- 1604(a) had been extended by 11 U.S.C.S. § 108 and that she could cure her default over the term of the chapter 13 plan.
Ruling: 
Relief from stay granted where debtor's extended right of redemption had expired.
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Consumer case opionion summary, case decided on February 02,2010, LexisNexis #0310-036

In re Empire Equities Cap. Corp.

Debtor entered into an option contract to purchase three loans from movants. Debtor paid a deposit. Debtor obtained two extensions. Before the closing deadline on the second extension (option contract requiring time being of the essence), debtor filed for chapter 11 relief. Movants filed a motion for an order granting relief from the automatic stay to terminate the contract, or alternatively, to compel its rejection.
Ruling: 
Debtor that defaulted under contract allowed 60 days to exercise expired option.
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Commercial case opionion summary, case decided on June 03,2009, LexisNexis #0709-072

In re Young

A city objected to confirmation of a chapter 13 debtor's plan.
Ruling: 
Debtor could not redeem property that was subject of prepetition tax sale due to failure to act within six month deadline or 60-day extension period.
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Consumer case opionion summary, case decided on October 21,2008, LexisNexis #0209-001

Dumas v. Sabre Group (In re Dumas)

The assignee of a tax purchaser filed a motion to modify the automatic stay so that it could obtain a tax deed, and also filed a motion to remand a state court tax proceeding removed by the chapter 7 debtor.
Ruling: 
Debtor whose first case was dismissed for failure to comply with credit counseling requirement was not entitled to second extension of statutory redemption period in second case.
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Consumer case opionion summary, case decided on March 07,2008, LexisNexis #0408-001

White v. Chance Indus. (In re Chance Indus.)

Chapter 11 debtors and their principal moved to enjoin state court lawsuits brought by plaintiffs, a child hurt by one of debtors'amusement rides, and his parents, and to find plaintiffs in contempt for violation of the confirmation order and the discharge injunction. Plaintiffs and intervenor, the buyer of the amusement ride, filed an adversary complaint against debtors, seeking a determination of the dischargeability of the state court claims.
Ruling: 
Post-confirmation personal injury claim by plaintiff with no pre-petition relationship with debtor was not discharged by confirmation order.
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