Teresa Ann Sanders

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
WILSON DIVISION
IN RE:
TERESA ANN SANDERS
DEBTOR
CASE NO.
06-03436-8-RDD
ORDER ALLOWING DEBTOR'S MOTION PURSUANT TO
11 U.S.C. § 362(c)(3)(B) FOR CONTINUATION OF THE AUTOMATIC STAY AS TO ALL
CREDITORS
Pending before the court is the debtor’s motion, pursuant to 11 U.S.C. § 362(c)(3)(B), for a
continuation of the automatic stay as to all creditors. A hearing took place in Wilson, North Carolina on
November 8, 2006. The debtor represented to the court that all interested parties were served with the
motion and the notice of motion.
Teresa Ann Sanders filed a petition for relief under chapter 13 of the Bankruptcy Code on October
26, 2006. A prior case of the debtor was pending within the preceding one-year period but was dismissed
on August 1, 2006. The debtor’s current filing is subject to the presumption that it was not filed in good
faith as provided in 11 U.S.C. § 362(c)(3)(C), but the debtor has demonstrated that the filing of the later
case is in good faith as to the creditors to be stayed, and has provided clear and convincing evidence
SO ORDERED.
SIGNED this 09 day of November, 2006.
________________________________________
Randy D. Doub
United States Bankruptcy Judge
____________________________________________________________
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sufficient to rebut the presumption that the case was not filed in good faith. The debtor testified that she
was unable to make the payments in her prior case because she incurred additional expenses of
approximately $800.00 to have her car repaired. Her car is now repaired and operable. Her income has
increased from approximately $1760.00 per month to $2173.00 per month. The court finds that there has
been a substantial change in the debtor’s financial or personal affairs since the dismissal of the prior case.
No response to the debtor’s motion has been filed, and the motion therefore is uncontroverted.
Accordingly, and pursuant to 11 U.S.C. § 362(c)(3)(B), the stay contained in 11 U.S.C. § 362(a)
shall continue in effect throughout the pendency of the debtor’s chapter 13 case as to all creditors unless
otherwise ordered or terminated by operation of a separate statutory provision (e.g., § 362(h)).
SO ORDERED.
END OF DOCUMENT
Case 06-03436-8-RDD Doc 15 Filed 11/09/06 Entered 11/09/06 14:50:28 Page 2 of 2