Legal Opinion

In Re Price

United States Bankruptcy Court, N.D. Ohio

Decided January 20, 2004No. 19-10266PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

The matters presently before the Court are the Debtor’s Motion For Yolun- tary Dismissal and Release of Income and Bank of America, N.A.’s Motion To Dismiss with Sanctions. The dispositive issue is whether a bankruptcy court is empowered to dismiss a case beyond the 180 day bar imposed by 11 U.S.C. § 109(g), if the Court finds that the debtor has abused the bankruptcy process. It is found herein that the Debtor’s filing is an abuse of the bankruptcy process and that the Court has inherent power to fashion an equitable remedy to…

2Cases cited6 opinions

  1. In Re: Robert E. Casse, Debtor Robert E. Casse, Debtor-Appellant v. Key Bank National Association, Creditor-AppelleeCourt of Appeals for the Second Circuit · 1999
  2. In Re Shirley Mae TOMLIN, Debtor. COLONIAL AUTO CENTER, Plaintiff-Appellee, v. Shirley Mae TOMLIN, Defendant-AppellantCourt of Appeals for the Fourth Circuit · 1997
  3. Great Western Bank v. Snow (In Re Snow)United States Bankruptcy Court, C.D. California · 1996
  4. In Re YimamUnited States Bankruptcy Court, D. Maryland · 1997
  5. In Re RoebenUnited States Bankruptcy Court, E.D. Arkansas · 2003

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. In Re HendersonUnited States Bankruptcy Court, D. South Carolina · 2008
  2. In Re MehlhoseUnited States Bankruptcy Court, E.D. Michigan · 2012
  3. In Re FeldmanUnited States Bankruptcy Court, E.D. New York · 2004
  4. In Re LordUnited States Bankruptcy Court, S.D. New York · 2005
  5. In re TaalUnited States Bankruptcy Court, D. New Hampshire · 2014

10 more not listed; retrieve them via the Exa API.

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