Legal Opinion
In Re Flores
United States Bankruptcy Court, S.D. New York
Decided March 21, 2003No. 19-10703PublishedCited by 21 opinions
1Opinion of the Court
DECISION ON EFFECT OF DISMISSAL UNDER SECTION 109(g)
ADLAI S. HARDIN, Jr., Bankruptcy Judge.
This decision is published to acquaint the bar with this Court’s objectives, views and intentions with respect to orders dismissing cases with prejudice to refiling for 180 days under 11 U.S.C. § 109(g)(1) and (2). The most important issue considered here is whether a subsequent bankruptcy case filed within 180 days of this type of order is “void ab initio” or a “nullity” such that the subsequent filing does not invoke the automatic stay.
As amplified below, orders entered by this Court dismissing cases…
2Cases cited60 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
- In the Matter of Charles Holtkamp and Holtkamp Farms, Inc., Debtors-Appellants. Charles Holtkamp and Holtkamp Farms, Inc. v. Ronald E. LittlefieldCourt of Appeals for the Seventh Circuit · 1982
- In Re Fidelity Mortgage Investors, Debtor. Fidelity Mortgage Investors, Applicant-Appellee v. Camelia Builders, Inc.Court of Appeals for the Second Circuit · 1977
55 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Adams v. ZarnelCourt of Appeals for the Second Circuit · 2010
- In Re Cenargo International, PLCUnited States Bankruptcy Court, S.D. New York · 2003
- In Re TomcoUnited States Bankruptcy Court, W.D. Pennsylvania · 2006
- In Re RossUnited States Bankruptcy Court, N.D. Georgia · 2006
- In Re RiosUnited States Bankruptcy Court, S.D. New York · 2005
16 more not listed; retrieve them via the Exa API.