11 U.S.C. §362(c)(3)(B); Continuation of Automatic Stay
In re Vaughn, 2005 Bankr. LEXIS 2768, Case No. 05-85296 (Bankr. N.D. Ga. December 5, 2005)(Murphy)
Debtor filed a Chapter 13 petition on November 5, 2005 – the second case in 12 months – and sought a continuation of the automatic stay pursuant to §362(c)(3)B). Debtor argued that the dismissal of the prior Chapter 13 case was due to his wife’s illness and resultant loss of income. Weighing the likelihood of success with the potential harm to debtor, the moving creditor and other creditors, the court found that a continuation of the stay was appropriate. The debtor was current on his plan payments, the secured creditor is receiving contractual interest, and other creditors benefit from the the debtor’s retention of his home. Moreover, creditors retain the right to seek relief from the stay if warranted.
