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Second Circuit· 3/4/1997

In Re Turner

Citations

  • 207 B.R. 373
  • 1997 WL 72056

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the single estate rule prohibits any overlap at all in bankruptcy estates
  • stating that the movant “must show ‘satisfactory evidence on all four criteria”
  • finding cause for dismissal of second filing where purpose of filing was reimposition of stay whose lifting debtor had unsuccessfully opposed in first case
  • declaring a subsequent chapter 13 case a nullity where it is filed during the pen-dency of a chapter 7 case that has not issued a discharge
  • finding no irreparable injury to debtor who requested stay pending appeal of foreclosure order on debtor's homestead, where debtor's proposed Chapter 13 plan intended to sell the homestead as part of reorganization anyway
  • leaving aside question of bad faith, filing of Chapter 13 case to obtain stay of foreclosure while prior Chapter 7 case remains open and no discharge has issued, rather than converting Chapter 7 case, creates cause for dismissal

Source: CourtListener parenthetical corpus (CC0).

Judges: Brozman, Conrad, and Ninfo, Bankruptcy Judges

Read full opinion on CourtListener

Cited by

33 cases in this archive cite this case; the 20 most cited are listed.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named In Re Turner

114 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.