Judge Nicholas Garaufis
Koutsagelos defaulted on a mortgage loan that PII SAM received by assignment in 2008. An August forbearance stipulation expired Jan. 10, 2010. PII SAM repeatedly scheduled foreclosure sales between April 30, 2010, and Dec. 2, 2011. Unaware of Koutsagelos' second Nov. 30, 2011, Chapter 13 bankruptcy petition invoking an automatic stay of action, PII SAM proceeded with the Dec. 2, 2011, sale, ultimately buying the property. On Feb. 21, 2012, bankruptcy court granted PII SAM annulment of the automatic stay, nunc pro tunc, arising from Koutsagelos' Nov. 30, 2011, petition. Numerous deficiencies evinced "a classic bad-faith Chapter 13 filing." District court denied Koutsagelos' appeal, finding bankruptcy court's decision to annul the stay not an abuse of discretion. Citing Corto v. Nat'l Scenery Studios, the court found that in deciding to annul the automatic stay for "classic bad faith" filing of Koutsagelos' petition, bankruptcy court considered a variety of factors, including her continuous violations of various Bankruptcy Code provisions. Under In re Feldman, the filing of a bankruptcy petition merely to prevent foreclosure is an abuse of the Bankruptcy Code. Serial filings are a badge of bad faith, as are petitions filed to forestall creditors.