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Legal Opinion

In Re Wen Hua Xu

United States Bankruptcy Court, S.D. New York

Decided April 7, 2008No. 17-12414PublishedCited by 7 opinions

1Opinion of the Court

DECISION AND ORDER ON MOTION TO DISMISS

ROBERT E. GERBER, Bankruptcy Judge.

In this contested matter in the chapter 7 case of Wen Hua Xu, creditor 81 Baxter, LLC (“Baxter”) moves for dismissal of the Debtor’s petition pursuant to section 109(g)(1) of the Bankruptcy Code. This is the Debtor’s second recent bankruptcy filing; a previous petition before Judge Drain was dismissed under section 707(a)(1), 36 days before the filing here. In that case, Judge Drain found as “cause” for dismissal that the Debtor and his wife failed to attend at least two section 341 meetings, failed to turnover…

2Cases cited9 opinions

  1. In Re Shirley Mae TOMLIN, Debtor. COLONIAL AUTO CENTER, Plaintiff-Appellee, v. Shirley Mae TOMLIN, Defendant-AppellantCourt of Appeals for the Fourth Circuit · 1997
  2. In Re HerreraUnited States Bankruptcy Court, N.D. Illinois · 1996
  3. In Re NelkovskiUnited States Bankruptcy Court, N.D. Illinois · 1985
  4. In Re George C. MONTGOMERY, Debtor. George C. MONTGOMERY, Appellant, v. Norah RYAN, AppelleeCourt of Appeals for the Eighth Circuit · 1994
  5. In Re EllisUnited States Bankruptcy Court, E.D. New York · 1985

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3Cited by7 opinions

  1. In re CovelliUnited States Bankruptcy Court, S.D. New York · 2016
  2. In re SmithUnited States Bankruptcy Court, M.D. Alabama · 2015
  3. In re StrongsUnited States Bankruptcy Court, E.D. North Carolina · 2017
  4. Erica Latrelle BryantUnited States Bankruptcy Court, S.D. Georgia · 2023
  5. In re: Magaly Caldero LopezUnited States Bankruptcy Court, D. Puerto Rico · 2019

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

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