Shaquita Monique Travis

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
In re:
SHAQUITA MONIQUE TRAVIS
Debtor
:
Case No. 26-51499
Chapter 13
Judge Nami Khorrami
:
:
:
:
:
ORDER GRANTING MOTION TO IMPOSE AUTOMATIC STAY (DKT. NO. 17),
MOTION TO COMPEL TURNOVER OF VEHICLE (DKT. NO. 18), MOTION TO
EXTEND TIME TO MAKE INSTALLMENT PAYMENTS FOR FILING FEE (DKT.
NO. 32) AND DENYING MOTION OF EXETER FINANCE LLC FOR RELIEF FROM
STAY [AS TO THE DEBTOR] AND CODEBTOR STAY AS TO RONALD L TRAVIS
(DKT. NO. 16)
Before the Court are the following motions filed pro se by the Debtor, Shaquita Travis (the
“Debtor”):
1. 	Motion to Impose Automatic Stay (Dkt. No. 17) filed on April 9, 2026 (the “Motion to
Impose Stay”);
________________________________________________________________
This document has been electronically entered in the records of the United
States Bankruptcy Court for the Southern District of Ohio.
IT IS SO ORDERED.
Dated: April 28, 2026
Case 2:26-bk-51499 Doc 43 Filed 04/28/26 Entered 04/28/26 15:58:43 Desc Main
Document Page 1 of 5

2
2. 	Motion to Compel Turnover of Vehicle (Dkt. No. 18) filed on April 9, 2026 (the “Motion
to Compel Turnover”);
3. 	Motion to Extend Time to Make Installment Payments for Filing Fee (Dkt. No. 32) filed
on April 17, 2026 (the “Motion to Extend Time” and collectively the “Debtor’s Motions”).
On April 16, 2026, and in response to the Motion to Impose Stay and the Motion to Compel
Turnover, Exeter Finance LLC (“Exeter”) filed its Objection To The Debtor’s Motion To Impose
Automatic Stay (Dkt. No. 27) and Response To The Debtor’s Motion To Compel Turnover Of
Vehicle And Request For Comfort Order Confirming No Automatic Stay (Dkt. No. 28).
Also before the Court is the Motion Of Exeter Finance LLC For Relief From Stay And
Codebtor Stay As To Ronald L Travis (Dkt. No. 16) (the “Relief from Stay Motion”) that was filed
by Exeter on April 9, 2026, and the Objection to Motion of Exeter Finance LLC for Relief from
Stay (Dkt. No. 29) filed by the Debtor on April 17, 2026.
On April 27, 2026, the Court held a hearing (the “Hearing”) to consider the Debtor’s
Motions, the Relief from Stay Motion, and the responses filed to same. At the Hearing, the Debtor
appeared pro se and Cynthia Jeffrey appeared on behalf of Exeter. 	The Debtor was the only
witness to testify at the Hearing, and no exhibits were submitted into evidence.
The Court has jurisdiction over these matters under 28 U.S.C. § 1334 and the Amended
General Order 05-02 entered by the United States District Court for the Southern District of Ohio,
referring all bankruptcy matters to this Court. This matter is a core proceeding under 28 U.S.C.
§ 157(b)(2)(A), (E), (G), and (O). Venue is properly before this Court under 28 U.S.C. §§ 1408
and 1409. At the conclusion of the Hearing, the Court read its findings and conclusions into the
record which are incorporated herein by reference.
For the benefit of the parties, the Court will briefly summarize below its oral ruling that
was read into the record at the conclusion of the Hearing.
Case 2:26-bk-51499 Doc 43 Filed 04/28/26 Entered 04/28/26 15:58:43 Desc Main
Document Page 2 of 5

3
With respect to the Motion to Impose Stay, the status of the automatic stay in this case is
governed by 11 U.S.C. § 362(c)(4), which provides in pertinent part as follows:
if a single or joint case is filed by or against a debtor who is an individual under
this title, and if 2 or more single or joint cases of the debtor were pending within
the previous year but were dismissed, other than a case refiled under a chapter other
than chapter 7 after dismissal under section 707(b), the stay under subsection (a)
shall not go into effect upon the filing of the later case[.]
11 U.S.C. § 362(c)(4)(A)(i). A debtor or other party in interest, however, may request that the
automatic stay be imposed on all creditors if the request is made within thirty days of the date of
filing the voluntary petition and upon a showing that the most recently filed case was filed in good
faith as to the affected creditors. 11 U.S.C. § 362(c)(4)(B). 	The most recently filed bankruptcy
case is presumed to have been filed not in good faith; however, that presumption can be rebutted
by a showing to the contrary by clear and convincing evidence. 11 U.S.C. § 362(c)(4)(D). 	The
burden to rebut the presumption is on the party requesting imposition of the automatic stay; in this
case, the Debtor has the burden. See In re Ferguson, 376 B.R. 109, 118-119 (Bankr. E.D. Pa. 2007)
(citation omitted).
Based on the testimony provided by the Debtor at the Hearing, the Court concludes that
the Debtor filed this case in good faith based on the following factors. First, the Debtor has had a
change in circumstances: (1) her rent has reduced from $1100 per month to $425 per month, (2) she
will have stable housing effective on May 1, 2026, (3) she has a weekend job currently that will
last three months and is working thirty-six hours each weekend with a pay rate of $17.50 an hour,
and (4) she has an interview for an additional job next week. 	Further, the Debtor has filed all of
her schedules, statements, and documents for this case including a proposed chapter 13 plan. And
the Debtor has made a partial plan payment to the chapter 13 trustee.
Next, the Court concludes that Exeter had an affirmative duty to turnover the Debtor’s
vehicle to the Debtor after the bankruptcy case was filed.
Case 2:26-bk-51499 Doc 43 Filed 04/28/26 Entered 04/28/26 15:58:43 Desc Main
Document Page 3 of 5

4
By stating that an entity in possession of property of the estate "shall deliver" to the
debtor such property or the value of such property, 11 U.S.C. § 542(a) creates an
affirmative obligation on the part of the party holding estate property to turn the
property over, and that obligation is not dependent upon the holding of a hearing or
the entry of an order by the bankruptcy court. According to § 542(a), the duty to
turnover estate property exists at any time "during the case." Since a Chapter 13
debtor is entitled to use estate property during a Chapter 13 reorganization under
11 U.S.C. § 1303—which grants debtors the ability to use estate property under 11
U.S.C. § 363—a Chapter 13 debtor has standing to pursue turnover claims under
11 U.S.C. § 542(a).
Milledge v. Carolina Acceptance (In re Milledge), 639 B.R. 334, 345 (Bankr. D.S.C. 2022) (citation
modified).
With respect to the Motion to Extend Time, the Court concludes that based on the
circumstances presented in this case, the Debtor should be afforded an additional two weeks from
the date of the Hearing to pay the filing fee of $313.
And finally, the Court finds that termination of the automatic stay and codebtor stay is not
warranted in this case because Exeter did not present any testimony or evidence in support of its
Relief from Stay Motion and the Debtor’s vehicle is necessary for an effective reorganization.
The secured creditor must establish a factual and legal right to relief from the automatic stay as
part of its prima facie case, and the “party seeking relief from the automatic stay under § 362(d)(1)
must carry the initial burden of showing that it is entitled to relief before the debtor is obligated to
go forward with its proof.” In re Armenakis, 406 B.R. 589, 619 (Bankr. S.D.N.Y. 2009) (citation
modified). In addition, the Court concludes that this case was just recently filed, and as such, the
Debtor should have a reasonable opportunity to reorganize.
Based on the Court’s oral ruling at the conclusion of the Hearing as summarized above, it
is ORDERED as follows:
(1) the Motion to Impose Automatic Stay (Dkt. No. 17) is GRANTED, and the automatic
stay is imposed as to all creditors for the duration of the Chapter 13 case. The automatic
Case 2:26-bk-51499 Doc 43 Filed 04/28/26 Entered 04/28/26 15:58:43 Desc Main
Document Page 4 of 5

5
stay shall remain in effect as to all creditors until further order of the Court or until the
case is discharged or dismissed;
(2) the Motion to Compel Turnover of Vehicle (Dkt. No. 18) is GRANTED and Exeter
Finance LLC shall turnover the Debtor’s vehicle to the Debtor immediately at a
location in Columbus, Ohio;
(3) the Motion to Extend Time to Make Installment Payments for Filing Fee (Dkt. No. 32)
is GRANTED, and the Debtor shall pay the filing fee in the amount of $313 no later
than May 11, 2026. If the Debtor fails to pay the filing fee in the amount of $313 by
May 11, 2026, this case will be dismissed without further notice or hearing; and
(4) the Motion Of Exeter Finance LLC For Relief From Stay And Codebtor Stay As To
Ronald L Travis (Dkt. No. 16) is DENIED.
IT IS SO ORDERED.
Copies to:
All creditors and parties in interest
Case 2:26-bk-51499 Doc 43 Filed 04/28/26 Entered 04/28/26 15:58:43 Desc Main
Document Page 5 of 5