§ 362(c)(4)

Cook, In re

Ruling: 
Debtor's request to impose the stay retroactively was denied as the court did not haveauthority under 11 U.S.C. § 105(a) to override 11 U.S.C. § 362(c)(4)(C). (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 11,2020, LexisNexis #0620-081

Moore, In re

Ruling: 
Debtor’s counsel sanctioned for failing to investigate and discover debtor’s prior filings priorto fling debtor’s third case. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on March 11,2020, LexisNexis #0420-053

Perkins, In re

Ruling: 
Request for in rem relief denied where the automatic stay was never in effect in debtor's case.(Bankr. D. Conn.)
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Consumer case opionion summary, case decided on December 16,2019, LexisNexis #0120-079

Christiano, In re

Ruling: 
Court noted that the dismissal date, and not the date of closing, was the relevant date fordetermining whether a case was "pending" for purposes of issuing an order of no stay ineffect. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 08,2019, LexisNexis #1019-004

Marcano, In re

Ruling: 
Automatic stay did not go into effect on the petition date as debtor had two cases pendingwithin the prior year. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on June 24,2019, LexisNexis #0819-080

O'Farrill, In re

Ruling: 
Court found that there was no automatic stay in place as chapter 13 debtor had two cases pending within the preceding year, both of which were dismissed. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 25,2017, LexisNexis #0917-041

In re Tate

Ruling: 
Debtor's motion to reimpose stay for third bankruptcy granted as debtor showed clear andconvincing evidence that case was filed in good faith. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on December 28,2016, LexisNexis #0117-098

Heckman v. Reading Area Water Auth. (In re Heckman)

Ruling: 
Creditor did not violate stay which did not take effect in debtor’s fourth case until imposed bycourt order. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on December 06,2016, LexisNexis #0117-006

In re Garner

Ruling: 
Automatic stay extended in debtor's third case filed within one year due to debtor's good faith.
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Consumer case opionion summary, case decided on November 12,2015, LexisNexis #0116-009

In re Scipio

Ruling: 
Serial filer not entitled to imposition of stay due to failure to rebut presumption of bad faith.
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Consumer case opionion summary, case decided on March 02,2015, LexisNexis #0415-006

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