Title Samuel Mark
Entered
Case Number
05-90551
Summary

Chapter 13 debtor moved for an extension of the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B). The Bankruptcy Court, Duncan W. Keir, Chief J., held that: (1) the dismissal of the debtor’s prior chapter 13 case for material default in plan payments gave rise to a mandatory presumption that the case was not filed in good faith; and (2) debtor was entitled to an extension of the automatic stay after demonstrating by clear and convincing evidence that the later case was filed in good faith

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