Grossman v. Beal (In re Beal)

Pre 2005-Act: 
Pre 2005-Act
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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