KLA ex rel. B.L. v. Windham Southeast Supervisory Union

How courts have described this case

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

• noting that by application of § 362(b)(20), relief granted under section 362(d)(4) “halts the automatic stay from applying to the real property in future bankruptcy filings for a period of 2 years.”
• finding there was no automatic stay in place under 362(c)(4), and finding that, “even if the automatic stay was in effect,” in rem relief was warranted under 362(d)(4)
• finding cause for stay relief under Section 362(d)(1) of the Bankruptcy Code because “the Debtor has consistently failed to make payments on the Consolidated Note, and has demonstrated no intention of making payments in the future”
• “[T]he language [in section 362(d)(4)] was deliberately chosen by Congress to impose a substantial burden of proof on secured creditors.” (citing 3 Collier on Bankruptcy ¶ 362.05[19][a])
• “[T]he language [in section 362(d)(4)] was deliberately chosen by Congress to impose a substantial burden of proof on secured creditors.” (citing 3 Collier on Bankruptcy ¶ 362.05[19][a])
• “[I]f a debtor files a petition, but had two cases pending within the preceding year, both of which were dismissed, the debtor does not receive an automatic stay upon filing the new, third petition.”

Source: CourtListener parenthetical corpus (CC0).