- 11 U.S.C.
In re Terron-Hernandez
Nov
18
2013
Ruling
Debtors could not file second case less than 180 days after voluntary dismissal of first case.
Issue(s)
Were debtor's ineligible to file second case less than two months after voluntary dismissal of prior case.
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Court
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In re Parmer
Oct
01
2013
Ruling
Case dismissed with 180-day refiling bar due to failures to appear.
Issue(s)
Should case be dismissed due to debtor's failure to appear at confirmation hearing or creditors'meeting upon conversion to chapter 7.
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Court
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In re Brown
May
28
2013
Ruling
Foreclosure conducted pursuant to relief from stay granted in debtor's prior dismissed case could not be set aside as debtor was ineligible in second case.
Procedural posture
In a chapter 13 bankruptcy case, the debtors filed a motion seeking to set aside a foreclosure sale conducted by a creditor as violative of the automatic stay.
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Court
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- 11 U.S.C.
Leafty v. Aussie Sonoran Capital LLC (In re Leafty)
Oct
10
2012
Ruling
Bankruptcy court dismissed case on eligibility grounds.
Procedural posture
Chapter 13 debtor sought review of an order of the United States Bankruptcy Court for the District of Arizona, that dismissed debtor's second bankruptcy case under 11 U.S.C.S. § 109(g)(2) on creditor's motion, and entered a separate order granting relief from the automatic stay, under 11 U.S.C.S. § 362(c) and (d).
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Court
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Judge or Jurisdiction information not available
In re Martinez
May
14
2012
Ruling
Dismissal with 180-day refiling bar affirmed due to debtor's omissions, delays and willful failure to obey court orders.
Procedural posture
Debtor challenged an order of the U.S. Bankruptcy Court for the District of Puerto Rico which dismissed his chapter 11 case and disqualified him from filing a new case for 180 days pursuant to 11 U.S.C.S. § 109(g).
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Court
:
Judge or Jurisdiction information not available
In re Durham
Oct
25
2011
Ruling
Debtors were not eligible due to dismissal of prior case after order granting creditor relief from stay within 180 days of filing second case.
Procedural posture
Bankruptcy debtors voluntarily dismissed a first bankruptcy case and filed a second case two months later. The debtors moved to extend the automatic bankruptcy stay which would otherwise expire automatically based on the prior case being dismissed within a year of the present case. The bankruptcy trustee objected to the extension.
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Court
:
- 11 U.S.C.
In re Riekena
Sep
15
2011
Ruling
Joint debtor who filed petition one day after dismissal of prior chapter 13 case was not an eligible debtor.
Procedural posture
Movant, the chapter 13 trustee, moved to dismiss one of the debtors, the wife, from the case due to her alleged ineligibility under 11 U.S.C.S. § 109(g)(2), based upon her prior filing, and the dismissal on her motion of, a prior individual chapter 13 case.
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Court
:
- 11 U.S.C.
In re Richter
Oct
22
2010
Ruling
Bankruptcy court did not dismiss case filed within 180 days of prior dismissal issued after creditor filed motion for relief from stay which was settled by surrender of collateral.
Procedural posture
The trustee and creditor, the IRS, moved for the dismissal of the debtors' chapter 13 bankruptcy case under 11 U.S.C.S. § 109(g)(2) because the case was filed within 180 days of the debtors' voluntary dismissal of a previous case after a creditor requested relief from stay. The debtors argued that § 109(g)(2) was not intended to apply on the facts and that it would be inequitable for the court to dismiss their case.
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Court
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In re Cellitit
Aug
15
2008
Ruling
Chapter 13 case dismissed with 180-day filing bar due to debtor's failure to make timely plan payments.
Procedural posture
A debtor filed for protection under chapter 13 of the Bankruptcy Code. The standing chapter 13 trustee filed a notice of default and a motion to dismiss. A secured creditor filed an objection to confirmation of the debtor's plan and an opposition to dismissal.
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Court
:
- 11 U.S.C.
In re Wen Hua Xu
Apr
07
2008
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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Court
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