In re Pence, 469 B.R. 643, 646 (Bankr. W.D. Va. 2012) (Krumm)

In second case within a year, presumption of bad faith did not arise because prior case was dismissed to allow four years to pass to render the debtor eligible for Chapter 13 discharge. “11 U.S.C. § 362(c)(3)(C) provides for a presumption . . . . There is no evidence to suggest that a presumption of bad faith arises in Debtor’s current bankruptcy filing. Debtor had only one other petition pending within the year . . . . Debtor’s previous petition was not dismissed for any of the reasons stated in § 362(c)(3)(C)(i)(II). Finally, Debtor did provide sufficient facts to indicate her changed financial circumstances. . . . Because none of the criteria in 11 U.S.C. § 362(c)(3)(C)(i) are present, the presumption of bad faith does not arise and the Debtor’s good faith in filing should be judged under 11 U.S.C. § 362(c)(3)(B) by a preponderance of the evidence.”

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