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§ 109(g)

Rosetti v. Chase Home Fin. LLC (In re Rosetti)

Sep
06
2007
Ruling
Mortgagee's claim that case had been filed in bad faith precluded by confirmation of plan.
Procedural posture

Adversary defendant, a creditor and mortgagee on plaintiff debtor's home loan, moved to dismiss a chapter 13 petition with prejudice to refiling for 180 days, based on the debtor's dismissal of a prior petition, and also moved to dismiss the adversary proceeding brought against it for breach of contract and fiduciary duties concerning the debtor's escrow accounts, which was brought pursuant to Fed. R. Civ. P. 12(b)(6).

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opinion summary, case decided on September 06, 2007 , LexisNexis #1007-001
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UniFund Fin. Corp. v. Hughes (In re Hughes)

Jun
01
2007
Ruling
Case dismissed with 180-day filing bar due to debtor's failure to appear at creditors'meeting or produce documents.
Procedural posture

Movant, a creditor, sought an order pursuant to 11 U.S.C. § 707(a) dismissing the chapter 7 case filed by debtor and barring debtor from refiling for a period of five years. Debtor neither appeared nor otherwise opposed the motion.

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opinion summary, case decided on June 01, 2007 , LexisNexis #0807-019
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Reischel v. Manufacturers & Traders Trust Co.

Apr
02
2007
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
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In re Parten

Mar
13
2007
Ruling
Expedited relief from stay granted to foreclosing creditor where family farmer filed second case less than 180 days after voluntary dismissal of first case.
Procedural posture

Debtor had filed a previous case under chapter 12. During the chapter 12 case, creditors received relief from the automatic stay with respect to certain real property. Stay relief was granted and the creditors began foreclosure. The debtor then voluntarily dismissed the chapter 12 case and filed the instant chapter 13 case before the creditors could complete the foreclosure. The creditors moved for relief from stay on an expedited basis.

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opinion summary, case decided on March 13, 2007 , LexisNexis #0507-071
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In re Tune

Feb
15
2007
Ruling
Debtor who filed sixth case within 180 days of prior case was not an eligible debtor.
Procedural posture

A debtor filed a motion to extend the automatic stay in his chapter 13 bankruptcy case. A creditor filed a motion to dismiss, pursuant to 11 U.S.C. § 109(g)(2).

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opinion summary, case decided on February 15, 2007 , LexisNexis #0407-106
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Grossman v. Beal (In re Beal)

Jul
28
2006
Ruling
Court ruled that section 109(g)(2) did not apply where it thwarted Congressional intent and, thus, debtors'refiled case was deemed permissible.
Procedural posture

Pursuant to 28 U.S.C. § 158(a)(3), appellant trustee sought leave to appeal the interlocutory order of the bankruptcy court denying her motion to dismiss the bankruptcy petition of appellee debtors. The trustee moved to dismiss based on 11 U.S.C. § 109(g)(2).

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opinion summary, case decided on July 28, 2006 , LexisNexis #0806-121
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Mortg. Elec. Registration Sys. v. Townsend (In re Townsend)

Dec
02
2005
Ruling
Court denied the debtor's emergency motion to reconsider a section 109(g) dismissal order since the debtor failed to file a court-requested affidivat of making chapter 13 plan payments or postpetition mortgage arrearages.
Procedural posture

Debtor filed a pro se motion styled as "Emergency Motion to Reconsider Order of Dismissal Pursuant to 11 U.S.C. § 109(g) to Shorten Time for Notice and to Permit Re-Filing." The motion was opposed by creditor, which filed a request to deny debtor's Emergency Motion.

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opinion summary, case decided on December 02, 2005 , LexisNexis #0306-040
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In re Kenard

Aug
04
2005
Ruling
Debtor's case was dismissed and the court validated a foreclosure sale since the debtor filed two chapter 13 petitions in bad faith by accepting property title and then immediately filing to try to stop foreclosure.
Procedural posture

Movant deed holder filed a motion to validate a foreclosure sale in a bankruptcy proceeding.

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opinion summary, case decided on August 04, 2005 , LexisNexis #0206-003
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