Legal Opinion
In Re Parker
United States Bankruptcy Court, N.D. Georgia
Decided September 13, 2006No. 19-51790PublishedCited by 31 opinions
1Opinion of the Court
ORDER DENYING DEBTOR’S MOTIONS TO DISMISS
MARY GRACE DIEHL, Bankruptcy Judge.
A primary purpose of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) which became effective for cases filed after October 17, 2005 was to counteract the perceived abuse of the Bankruptcy Code by debtors. 1 This case involves the attempt by a Chapter 7 debtor to use the eligibility and automatic dismissal provisions of BAPCPA to abuse the bankruptcy system. The Court will not misconstrue these provisions so as to support Debtor’s actions and therefore will DENY Debtor’s Motions to Dismiss.
2Cases cited34 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Pegram v. HerdrichSupreme Court of the United States · 2000
- Davis v. WakeleeSupreme Court of the United States · 1895
- Scarano v. Central R. Co. Of New JerseyCourt of Appeals for the Third Circuit · 1953
29 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Simon v. Amir (In Re Amir)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
- Wirum v. Warren (In Re Warren)Court of Appeals for the Ninth Circuit · 2009
- Segarra-Miranda v. Acosta-Rivera (In Re Acosta-Rivera)Court of Appeals for the First Circuit · 2009
- Mendez v. Salven (In Re Mendez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- In Re FiorilloDistrict Court, D. Massachusetts · 2011
26 more not listed; retrieve them via the Exa API.