Bastani v. Wells Fargo Bank, N.A.

Federal 7th Circuit Court
Civil Court
Bankruptcy
Citation
Case Number: 
No. 20-1373
Decision Date: 
June 8, 2020
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Bankruptcy Judge did not err in denying debtor's motion in instant Chapter 13 bankruptcy proceeding to extend 30-day automatic stay under 11 USC section 362(c)(3)(B) to preclude creditor-bank from proceeding on state-court foreclosure action, where debtor's prior bankruptcy petition had been dismissed within 12 months of filing instant petition. Filing of Chapter 13 contemplates that debtor has income that enables her to pay most debts within five years and still have something left for living expenses, and record suggests that debtor filed Chapter 13 petition in bad faith, where debtor, in her affidavit in support of her in forma pauperis petition, stated that: (1) she had not received more than $200 in total income in last 12 months, did not own personal property worth more than $1,000 and owned no real property. Moreover, by trying to achieve principal benefit of Chapter 13 by keeping her home without detriment of paying her debts, debtor had demonstrated that she is not entitled to seek extension of 30-day automatic stay. Ct. also observed that individuals informing Bankruptcy Ct. that they qualify for relief under Chapter 13 cannot persuade Ct. of Appeals that they lack money for judicial filing fees, and thus cannot proceed on appeal in forma pauperis under section 1915 in absence of extraordinary circumstances.