Legal Opinion

In Re Bumpass

United States Bankruptcy Court, S.D. New York

Decided April 1, 1983No. 19-10121PublishedCited by 22 opinions

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

  1. In Re BystrekUnited States Bankruptcy Court, E.D. Pennsylvania · 1982
  2. In Re TauscherUnited States Bankruptcy Court, E.D. Wisconsin · 1982
  3. In Re RobinsonUnited States Bankruptcy Court, D. Connecticut · 1982
  4. Roosevelt Savings Bank v. Branch (In Re Branch)United States Bankruptcy Court, E.D. New York · 1981
  5. In Re RoderickUnited States Bankruptcy Court, D. Rhode Island · 1982

3Cited by22 opinions

  1. Brickley v. United States (In Re Brickley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  2. In Re StandfieldUnited States Bankruptcy Court, N.D. Illinois · 1993
  3. Nimai Kumar Ghosh v. Financial Federal Savings & Loan Ass'n (In Re Nimai Kumar Ghosh)United States Bankruptcy Court, E.D. New York · 1984
  4. Grimes v. United States, Farmers Home Administration (In Re Grimes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  5. In Re KleinUnited States Bankruptcy Court, E.D. New York · 1984

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