In re Hardy

Case No. 05-78668, Ch 13, (Judge Preston, Feb 7, 2006)

In a case filed under BAPCPA debtors argued that the automatic stay did go into effect, even though there were two cases dismissed within the previous two years, because the circumstances of the previous dismissals warranted an exception to 11 U.S.C. §362(c)(4)(A).  The court found that this section does not permit the Court to consider the reasons for prior dismissals and this is true even if the previous cases were filed prior to the passage of BAPCPA.