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§ 109(g)(1)

Bryant, In re

Ruling
Six-time debtor could not be declared a serial filer where four of five previous plans were confirmed and debtor abided by orders of the court. (Bankr. S.D. Ga.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Dismissal by Court for Failure to Appear or Prosecute.

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Consumer opinion summary, case decided on March 29, 2023 , LexisNexis #0523-079

Mills, In re

Ruling
Chapter 13 case dismissed and debtors barred from filing another bankruptcy case for twoyears as they filed their cases in a deliberate attempt to thwart multiple foreclosure sales.(Bankr. S.D. W. Va.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Dismissal

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 13, 2019 , LexisNexis #0120-054

Shuff, In re

Ruling
Debtors' case was dismissed with prejudice for flagrant disregard of the bankruptcy process.(Bankr. S.D. W. Va.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Dismissal

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 11, 2019 , LexisNexis #0120-053

Stewart, In re--Stewart v. Archie's Auto Sales, Inc.

Ruling
Debtor’s repeated failure to appear at § 341 meetings in her prior bankruptcy case was notwillful and did not bar her from filing a new bankruptcy case. (Bankr. S.D. Miss.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Dismissal

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Consumer opinion summary, case decided on September 13, 2019 , LexisNexis #1119-027

Rose, In re

Ruling
Trustee was entitled to dismissal of Chapter 7 debtor's case as she had defaulted in multiplematerial respects regarding her bankruptcy code obligations. (Bankr. S.D. W. Va.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Dismissal

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 06, 2019 , LexisNexis #0819-051

Woods-Dennison, In re

Ruling
Debtor’s ninth case dismissed with 180 days filing bar due to repeated failures to prosecute.(Bankr. S.D. W. Va.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Dismissal

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 29, 2019 , LexisNexis #0619-026

Cottrell, In re

Ruling
Debtor barred from filing future bankruptcy case for 180 days after failing to abide by orders of the court. (Bankr. S.D. W. Va.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Dismissal by Court for Failure to Appear or Prosecute.

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Consumer opinion summary, case decided on June 09, 2017 , LexisNexis #0717-033

In re Wen Hua Xu

Ruling
Debtor's failure to disclose assets, respond to trustee's requests or appear at creditors'meetings resulted in dismissal.
Procedural posture

In this contested matter in debtor's chapter 7 case, a judgment creditor moved for dismissal of debtor's petition pursuant to 11 U.S.C.S. § 109(g)(1).

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Consumer opinion summary, case decided on April 07, 2008 , LexisNexis #0508-072

Reischel v. Manufacturers & Traders Trust Co.

Ruling
Bankruptcy court properly lifted stay and dismissed case filed in violation of 180-day refiling bar.
Procedural posture

Appellant bankruptcy debtor filed a pro se appeal after the District Court for the Eastern District of Wisconsin affirmed a bankruptcy court's orders, which granted appellee creditor's motion to lift the automatic stay and dismissed the debtor's most recent bankruptcy petition. The bankruptcy court entered its order after finding that the debtor had violated a 180-day refiling bar imposed pursuant to 11 U.S.C. § 109(g)(1).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on April 02, 2007 , LexisNexis #0507-051