Legal Opinion
In Re Thornes
United States Bankruptcy Court, S.D. Georgia
Decided September 26, 2007No. 18-41503PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON MOTION TO IMPOSE STAY
LAMAR W. DAVIS, JR., Bankruptcy Judge.
Debtor, who has had two prior Chapter 13 cases dismissed within the past year, filed a new case on August 1, 2007. Because it is his third case within a year, no automatic stay arose upon his filing as a matter of law. Accordingly, he filed this Motion to Impose the Automatic Stay under 11 U.S.C. § 362(c)(4)(B). Upon consideration of the record, I will deny that Motion for the reasons that follow.
FINDINGS OF FACT
Debtor purchased a 2004 Kia automobile on December 3, 2004 for $19,402.01 with payments of $451.31…
2Cases cited14 opinions
- Nationwide Mutual Insurance v. DardenSupreme Court of the United States · 1992
- In Re Charles E. Kitchens and Olivia L. Kitchens, Bankrupt. Charles E. Kitchens and Olivia L. Kitchens v. Georgia Railroad Bank and Trust CompanyCourt of Appeals for the Eleventh Circuit · 1983
- Margaret Ann Deans v. Gerald O'donnell, Trustee, in Re Margaret Ann DeansCourt of Appeals for the Fourth Circuit · 1982
- In Re Paul Wayne Saylors, Debtor. Jim Walter Homes, Inc. v. Paul Wayne Saylors, Jane K. Dishuck, Standing TrusteeCourt of Appeals for the Eleventh Circuit · 1989
- In Re CharlesUnited States Bankruptcy Court, S.D. Texas · 2005
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3Cited by4 opinions
- In Re LoftyUnited States Bankruptcy Court, S.D. Ohio · 2010
- In Re JenkinsUnited States Bankruptcy Court, N.D. Texas · 2010
- In Re McDonaldUnited States Bankruptcy Court, S.D. Ohio · 2010
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