Whitaker v. Baxter (In Re Whitaker)

How courts have described this case

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

• holding that Section 362(c)(4) is not available to one-time repeat filer, but reinstating the stay under Section 105(a) when debtor met the injunction standard by demonstrating good faith under Section 362(c)(3
• stating that § 362(c)(3)(C) “does not simply state the various circumstances that trigger a presumption of bad faith [but] also indicates how those presumptions may be rebutted”
• one-time repeat filer filed Section 362(c)(4) motion to impose stay within 30 days post-petition which the Court treated as a motion pursuant to Section 105(a)
• “For [filers of two or more previous petitions], the stay does not go into effect automatically.”
• “[T]he chief means of rebutting the presumption of bad faith requires the movant to establish ‘a substantial change in the financial or personal affairs of the debtor . . . or any other reason to conclude’ that the instant case will be successful.”
• court lacks authority under §362(c)(3)(B) where hearing not timely

Source: CourtListener parenthetical corpus (CC0).