Legal Opinion
In Re Richardson
United States Bankruptcy Court, M.D. Louisiana
Decided February 4, 1998No. 19-10223PublishedCited by 25 opinions
1Opinion of the Court
RULING
LOUIS M. PHILLIPS, Bankruptcy Judge.
The matter before the Court is a Motion to Dismiss this Chapter 13 case, which requires that this Court determine which of the competing interpretations of 11 U.S.C. § 109(g)(2) is correct. For the following reasons, the Court interprets the statute to dictate dismissal of a case when a debtor has been a debtor in a case pending within 180 days prior to the present case, in which voluntary dismissal was requested and obtained after a creditor filed a motion for relief from the automatic stay. Since those facts are present, the Court has ordered this…
2Cases cited41 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
36 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Murray v. Louisiana State University Foundation (In Re Zohdi)United States Bankruptcy Court, M.D. Louisiana · 1999
- In Re SteeleDistrict Court, E.D. Michigan · 2005
- In Re StuartUnited States Bankruptcy Court, S.D. Georgia · 2003
- In re GibasUnited States Bankruptcy Court, E.D. Wisconsin · 2016
- In Re VogtUnited States Bankruptcy Court, M.D. Louisiana · 2000
20 more not listed; retrieve them via the Exa API.