Legal Opinion

McIver v. Phillips (In Re McIver)

District Court, D. South Carolina

Decided April 2, 1987No. Civ. A. 4:85-1933-2PublishedCited by 8 opinions

1Opinion of the Court

HOUCK, District Judge.

This is an appeal from the order of the Honorable J. Bratton Davis, Bankruptcy Judge, filed April 25, 1985, dismissing appellant E.J. Mclver’s second Chapter 13 proceeding because he was not qualified to be a debtor under 11 U.S.C. § 109(f) of the Bankruptcy Code.

Section 109(f)(1) provides that no individual may be a debtor under the Bankruptcy Code if in the preceding 180 days he had been a debtor in a bankruptcy case that was dismissed by the court for “willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of…

2Cases cited6 opinions

  1. In Re NelkovskiUnited States Bankruptcy Court, N.D. Illinois · 1985
  2. In Re EllisUnited States Bankruptcy Court, E.D. New York · 1985
  3. In Re FultonUnited States Bankruptcy Court, D. Utah · 1985
  4. In Re CorreaUnited States Bankruptcy Court, N.D. Illinois · 1986
  5. Bank of Louisville v. Morris (In Re Morris)United States Bankruptcy Court, W.D. Kentucky · 1985

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

3Cited by8 opinions

  1. Matter of BerryhillUnited States Bankruptcy Court, N.D. Indiana · 1991
  2. Grubbs v. National Bank of South CarolinaDistrict Court, D. South Carolina · 1990
  3. Miller v. First Federal Savings & Loan Ass'n of MonessenUnited States Bankruptcy Court, W.D. Pennsylvania · 1992
  4. Greenwell v. Carty (Carty)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  5. In Re WalkerUnited States Bankruptcy Court, E.D. Pennsylvania · 1994

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

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