Legal Opinion
In Re Toro-Arcila
United States Bankruptcy Court, S.D. Texas
Decided December 12, 2005No. 05-95138PublishedCited by 20 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
MARVIN ISGUR, Bankruptcy Judge.
The Court deals with an issue of first impression: whether § 362(c)(4)(B) authorizes the Court to reimpose the automatic stay in a case where:
1. The debtor has had one previous case pending in the previous year;
2. The debtor filed a motion seeking to reimpose the stay within 30 days of filing his latest bankruptcy petition; and
3.The Court did not rule on the motion before the expiration of 30 days from the filing of the latest petition.
Background
Mr. Toro-Arcila filed the present case on November 8, 2005. His original chapter 13…
2Cases cited8 opinions
- Duncan v. WalkerSupreme Court of the United States · 2001
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- TRW Inc. v. AndrewsSupreme Court of the United States · 2001
- Sosa v. Alvarez-MachainSupreme Court of the United States · 2004
- In Re CharlesUnited States Bankruptcy Court, S.D. Texas · 2005
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Whitaker v. Baxter (In Re Whitaker)United States Bankruptcy Court, S.D. Georgia · 2006
- In Re FergusonUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
- In Re SalazarUnited States Bankruptcy Court, S.D. Texas · 2006
- In Re CollinsUnited States Bankruptcy Court, S.D. Texas · 2005
- In Re FurlongUnited States Bankruptcy Court, C.D. Illinois · 2010
15 more not listed; retrieve them via the Exa API.