From the Editor’s Desk – Automatic Stay

By The Honorable William Houston Brown (Retired)

Extension of automatic stay not abuse of discretion. Under § 362(e)(2), the automatic stay in an individual’s case terminates 60 days after the stay relief request is made, unless the court extends the time for good cause, but this statute does not require a preliminary hearing for extension, in contrast to § 362(e)(1). The bankruptcy court had good cause to extend the stay to allow the Chapter 7 trustee to retain new counsel and prepare for a hearing. The extension was not an abuse of discretion . . .

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