Leonard H. Edwards

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
LEONARD H. EDWARDS,
Debtor.
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Case No. 07-00241
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE MOTION TO FIND
HARVEY WEST AUCTIONEERS, INC. IN CONTEMPT OF AUTOMATIC STAY
The debtor has filed a document captioned “Praecipe” (D.E.
No. 26, filed May 22, 2007) in which he requests that the court
penalize Harvey West Auctioneers, Inc. for having auctioned the
debtor’s condominium on May 17, 2007, notwithstanding the
debtor’s filing of the instant bankruptcy case. 	The debtor’s
request, which the court construes as a motion to find Harvey
West Auctioneers in contempt of the automatic stay, is defective
because there is no automatic stay in effect in this case.
Pursuant to § 362(c)(4), a debtor who has had two or more cases
pending before the court within the prior year that were
dismissed (other than cases re-filed under § 707(b)) receives no
automatic stay upon the filing of a subsequent case. 	Instead,
The decision below is signed as a decision of
the court.
Signed: May 30, 2007.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 07-00241 Doc 32 Filed 05/30/07 Entered 05/30/07 13:00:25 Desc Main
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§ 362(c)(4) provides that a party in interest to the case must
request that a stay be effectuated, which the court may grant
only “if the party in interest demonstrates that the filing of
the later case is in good faith as to the creditors to be
stayed.” 	11 U.S.C. § 362(c)(4)(B). 	The debtor’s
“demonstrat[ion]” must be by “clear and convincing evidence” to
rebut the statutory presumption that the filing is made in bad
faith. 	Id. at § 362(c)(4)(D)(i).
The court has dismissed two prior cases filed by the debtor
within the past year. 	In re Edwards, Case No. 06-00205, slip
order (Bankr. D.D.C. Aug. 8, 2006); In re Edwards, Case No. 07-
00108, slip order (Bankr. D.D.C. March 20, 2007). 	Consequently,
there is no automatic stay in place by operation of § 362, nor
has the debtor provided any basis (evidentiary or otherwise) for
effectuating a stay pursuant to § 362(c)(4)(B). 	The debtor’s
motion must therefore be denied.
An order follows.
[Signed and dated above.]
Copies to: Debtor; chapter 13 trustee;
Harvey West Auctioneers, Inc.
5335 Wisconsin Ave., NW
Suite 440
Washington, D.C. 20015
Case 07-00241 Doc 32 Filed 05/30/07 Entered 05/30/07 13:00:25 Desc Main
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