Legal Opinion

In Re Galanis

United States Bankruptcy Court, D. Utah

Decided December 7, 2005No. 16-28528PublishedCited by 28 opinions

1Opinion of the Court

MEMORANDUM DECISION

WILLIAM T. THURMAN, Bankruptcy Judge.

These matters come before the Court on motions to extend the automatic stay, under 11 U.S.C. § 362(c)(3)(B). 1 Under § 362(c)(3), a debtor who had a prior case pending within one year of filing the present case receives an automatic stay lasting for thirty days only, unless the debtor shows that he or she filed the present case in good faith. Each debtor in these cases had a prior case pending within one year of filing their present cases. They each argued that the Court should extend the stay because they filed in good faith. The Court…

2Cases cited5 opinions

  1. In the Matter of Robert John Love, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1992
  2. Gordon R. And Sharon L. Flygare, Debtors-Appellants v. Judith A. BouldenCourt of Appeals for the Tenth Circuit · 1983
  3. In Re Robert Arlin Gier, Debtor-Appellant, Robert Arlin Gier v. Farmers State Bank of Lucas, KansasCourt of Appeals for the Tenth Circuit · 1993
  4. In Re MontoyaUnited States Bankruptcy Court, D. Utah · 2005
  5. Mark Twain Kansas City Bank v. Schwarten (In Re Schwarten)District Court, D. Kansas · 1996

3Cited by28 opinions

  1. In Re BaldassaroUnited States Bankruptcy Court, D. New Hampshire · 2006
  2. Whitaker v. Baxter (In Re Whitaker)United States Bankruptcy Court, S.D. Georgia · 2006
  3. In Re TomasiniUnited States Bankruptcy Court, D. Utah · 2006
  4. In Re ThomasUnited States Bankruptcy Court, D. South Carolina · 2006
  5. In Re HavnerUnited States Bankruptcy Court, M.D. North Carolina · 2006

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