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IN RE TORO-ARCILA

No. 05-95138.

334 B.R. 224 (2005)

In re Hernan TORO-ARCILA, Debtor.

United States Bankruptcy Court, S.D. Texas, Houston Division.

December 12, 2005.

Attorney(s) appearing for the Case

Jesse F. Aguinaga, Aguinaga and Associates, Houston, TX, for Debtor.

David G. Peake, Houston, TX, for Trustee.

MEMORANDUM OPINION AND ORDER

MARVIN ISGUR, Bankruptcy Judge.

The Court deals with an issue of first impression: whether § 362(c)(4)(B) authorizes the Court to reimpose the automatic stay in a case where:

1. The debtor has had one previous case pending in the previous year; 2. The debtor filed a motion seeking to reimpose the stay within 30 days of filing his latest bankruptcy petition; and 3. The Court did not rule...

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