In Re Bumpass
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
DECISION ON MOTION FOR ORDER DISMISSING OR CONVERTING CASE.
HOWARD SCHWARTZBERG, Bankruptcy Judge.
A mortgagee in this Chapter 13 case seeks to dismiss a second Chapter 13 petition for lack of good faith because the automatic stay imposed in this second case was previously lifted in an earlier Chapter 7 case. The mortgagee objects to the imposition of the automatic stay for a second time on the ground of res judicata, although deja vu more appropriately describes this scenario, especially since the Chapter 7 case is still pending. The debtors had previously filed a Chapter 13 case on March 23,…
2Cases cited5 opinions
- In Re BystrekUnited States Bankruptcy Court, E.D. Pennsylvania · 1982
- In Re TauscherUnited States Bankruptcy Court, E.D. Wisconsin · 1982
- In Re RobinsonUnited States Bankruptcy Court, D. Connecticut · 1982
- Roosevelt Savings Bank v. Branch (In Re Branch)United States Bankruptcy Court, E.D. New York · 1981
- In Re RoderickUnited States Bankruptcy Court, D. Rhode Island · 1982
3Cited by22 opinions
- Brickley v. United States (In Re Brickley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
- In Re StandfieldUnited States Bankruptcy Court, N.D. Illinois · 1993
- Nimai Kumar Ghosh v. Financial Federal Savings & Loan Ass'n (In Re Nimai Kumar Ghosh)United States Bankruptcy Court, E.D. New York · 1984
- Grimes v. United States, Farmers Home Administration (In Re Grimes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- In Re KleinUnited States Bankruptcy Court, E.D. New York · 1984
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