In re Houston; Case No. 08-11848; April 11th, 2008 The debtor in this case filed a Chapter 13 without yet having the necessary credit counseling certificate. Instead of this certificate, she filed a certification of exigent circumstances stating that she will be evicted without the court’s protection. The court cites Bankruptcy Code §109(h)(3)(A) which allows [...]
In re Aime; Case No. 07-12388-SSM; February 28th, 2008 This matter was before the court on the motion of the creditor to enforce a security interest in a motor vehicle and the debtor’s motion to amend the previously entered order conditioning the automatic stay. The Debtor was in default of her payments on the vehicle [...]
In re Shea; Case No. 08-10350-RGM; February 27th, 2008 The debtor in this case previously had a case dismissed within the last year. Because of this, according to Bankruptcy Code §362(c)(3)(B), a hearing to extend the automatic stay beyond this 30 day period must be “completed before the expiration of the 30-day period.” That court [...]
In re Exum; Case No. 08-10079-RGM; February 21st, 2008 Debtor’s spouse filed a Motion for Relief from the Automatic Stay to Proceed with divorce proceedings. Court noted that the automatic stay, does not operate as a stay of the commencement or continuation of a civil action “(ii) for the establishment or modification of an order [...]
In Re Exum; Case No. 08-10079-RGM; January 17, 2008 The Debtor’s home was foreclosed on prior to the bankruptcy filing. The new owners filed an Unlawful Detainer to remove the debtor from the property and obtained a Writ of Possession. Before the writ was executed, debtor filed for bankruptcy. The new owners filed this motion, [...]
In re Kim, Case No. 07-12972-SSM, January 4th, 2008 Wachovia brought a Motion for Relief from the Automatic Stay to enforce its security interest in the debtors formerly owned property. The property had been sold a few years prior, but the title examiner failed to find and dispose of Wachovia’s lien on the sale of [...]
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