Thomas J Kearns, II, 616 B.R. 458

Select Portfolio holds a mortgage on 333 Old Glenwood Rd., Aurora, NY; borrower Thomas J. Kearns, II defaulted and owes ~$202,844 against property valued at $61,000.
Over 12 years Kearns missed ~140 mortgage payments and failed to pay taxes/insurance; state-court foreclosure judgment entered and sale repeatedly scheduled.
Kearns (with attorney Matthew Lazroe) filed four skeletal Chapter 13 petitions within 24 months, each filed hours before scheduled foreclosure sales, each missing required schedules, forms, and a Chapter 13 plan, and each was dismissed for failure to prosecute.
In the fourth case Select Portfolio moved to terminate the automatic stay, for in rem relief under § 362(d)(4)(B), and § 1301(c)(3); the Chapter 13 trustee moved to dismiss for cause; Kearns did not meaningfully oppose.
The court held the automatic stay terminated by operation of 11 U.S.C. § 362(c)(3)(A) (30 days after filing) but alternatively granted relief from stay under §§ 362(d)(1),(d)(2), and 1301(c)(3).
The court granted Select Portfolio in rem relief under § 362(d)(4)(B) (effective 2 years), dismissed the case for cause and bad faith under § 1307, and enjoined Kearns (and related persons/entities) from filing a bankruptcy petition for 24 months.

Issue	Plaintiff's Argument (Select Portfolio)	Defendant's Argument (Kearns)	Held
Whether the automatic stay remained in effect after filing	Stay should not block foreclosure because prior Chapter 13 was dismissed within a year; § 362(c)(3)(A) terminates stay after 30 days	No opposition; did not seek extension under § 362(c)(3)(B)	Stay terminated by operation of law on April 3, 2020; alternatively stay lifted for cause
Whether stay should be terminated for cause under §§ 362(d)(1) & (d)(2) and § 1301(c)(3)	Debtor has no equity, is deeply underwater, missed many payments and taxes; no prospect of effective reorganization	No opposition / offered no substantive defense	Court found cause and terminated stay under §§ 362(d)(1), (d)(2) and 1301(c)(3)
Whether in rem relief under § 362(d)(4)(B) is appropriate	Serial filings timed to predawn foreclosure sales constitute a scheme to hinder/delay; in rem relief needed to prevent further abuse and clear title cloud	No opposition; counsel offered only perfunctory remarks	Court granted in rem relief under § 362(d)(4)(B) (binding for 2 years)
Whether case should be dismissed and future filings barred	Dismissal for failure to prosecute and bad-faith serial filings; injunction needed to protect the system and creditor	No opposition; counsel failed to file required forms and disclosures	Case dismissed for cause under § 1307(c); court enjoined Kearns (and related persons/entities) from filing for 24 months under §§ 105(a) and 349(a)

In re Behrens, 501 B.R. 351 (B.A.P. 8th Cir. 2013) (defining a "scheme" to delay or hinder creditors under § 362(d)(4))
In re Casse, 198 F.3d 327 (2d Cir. 1999) (bad faith filings can be cause to dismiss Chapter 13 and to bar future filings)
In re Anderson, 594 B.R. 509 (Bankr. D. Me. 2018) (inference of intent to hinder from serial filings; § 362(d)(4) analysis)
In re Montalvo, 416 B.R. 381 (Bankr. E.D.N.Y. 2009) (timing of multiple filings as evidence of intent to delay creditors)
In re Wilke, 429 B.R. 916 (Bankr. N.D. Ill. 2010) (interpretation of "scheme" and § 362(d)(4))
In re Henderson, 395 B.R. 893 (Bankr. D.S.C. 2008) (serial filings on eve of foreclosure as strong evidence of intent to delay)