Motion to extend the stay pursuant to section362(c)(3) of the Bankruptcy Code is denied as untimely when the motion was filed 28 days after the petition date and when the hearing on the motion had to be completed by the 30th day after the petition date.
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Patrick M. Flatley
In re Charles Edwards Enterprises, Inc., Case No. 05-6024
Date: 06/13/2006
Date: 06/13/2006
Motions for relief from the automatic stay to pursue State court litigation are denied because the creditors filed proofs of claim, corporations are not entitled to a discharge in Chapter 7, and alter ego claim are property of the estate that cannot be pursued in the absence of the Trustee.
In re Carr, Case No. 06-386
Date: 06/09/2006
Date: 06/09/2006
Factors that the court will consider in determining whether to extend the automatic stay pursuant to section 362(c)(3)(B).
In re Merritt, Case No. 01-33108
Date: 06/08/2006
Date: 06/08/2006
A plan modification to sell real property entails the application of the best interest of the creditor's test of section 1325(a)(4); thus, the plan could not be modified unless the non-exempt proceeds of the sale were available to satisfy the claims of creditors.
In re Boring, Case No. 05-6768
Date: 05/31/2006
Date: 05/31/2006
Automatic stay terminated thirty days from the petition date pursuant to sections 362(h) and 521(a)(2), due to Debtor's filing of an inadequate statement of intention.
In re Lehosit, Case No. 03-874
Date: 05/31/2006
Date: 05/31/2006
Debtor's bankruptcy is reopened in order to seek abandonment of a previously undisclosed cause of action.
In re Latovljevic, Case No. 06-210
Date: 05/09/2006
Date: 05/09/2006
Case dismissed with a 180-day bar to refiling under sections 109(h), 521(i), and 1307(c) for failure to obtain credit counseling, and for failing to file papers necessary to prosecute the case.
In re Carr, Case No. 06-189
Date: 05/02/2006
Date: 05/02/2006
Case dismissed for failure to obtain pre-petition credit counseling.
In Sorrell, Case No. 05-6005
Date: 04/26/2006
Date: 04/26/2006
Order to show cause as to why civil contempt sanctions should not be entered due to counsel's failure to disgorge fees.
In re Franklin, Case No. 04-1959
Date: 04/12/2006
Date: 04/12/2006
Credit Union's dragnet security agreement in two loans secured by the Debtors' vehicles also secures a third extension of credit issued to the Debtors.
In re Shipman, Case No. 00-32010
Date: 04/05/2006
Date: 04/05/2006
Post-petition appreciation of real property is property of the estate; to purchase property from the estate, a debtor must pay the Trustee based on the property's appreciated value.