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In re Hurt (Case No. 06-71167) 5/11/2007

The Court granted the debtor's motion to impose the automatic stay pursuant to 11 U.S.C. § 362(c)(4).  The debtor filed two previous cases which were pending before the Court within one year prior to the present case, so the presumption that the debtor did not file the present case in good faith arose.  The debtor has the burden to rebut, by clear and convincing evidence, that he did not file this case in good faith.  The Court examined the totality of the circumstances and found that the evidence is sufficient to rebut the presumption of bad faith in Section 362(c)(4), and that grounds for imposition of the automatic stay exist.

Date: 
Friday, May 11, 2007
Category: 
Automatic Stay
Bad Faith
Burden of Proof
Good Faith
Chapter: 
13