Travelers Insurance v. Don-Lin Farms

MEMORANDUM and ORDER

ELFVIN, District Judge.

This case is here on appeal from the Bankruptcy Court following an Order by the Hon. Beryl E. McGuire granting the debtor’s motion to dismiss its Chapter 11 case. See Order entered July 9, 1987, Bankruptcy file # 84-10302 M. The appellant now seeks to prevent the debtor from refiling under Chapter 12 by arguing that this Court should find that the dismissal should have been with prejudice.

Three issues are raised by the creditor-appellant Travelers Insurance Company. That regarding the bar imposed by 11 U.S. C. § 109(g)(2) against refiling under…