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Legal Opinion

In Re Howard

United States Bankruptcy Court, E.D. Wisconsin

Decided June 18, 2004No. 19-21642PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM DECISION

SUSAN V. KELLEY, Bankruptcy Judge.

The Debtors moved to voluntarily dismiss their chapter 13 case, and indicated that they intended to immediately re-file a chapter 7 petition to discharge medical bills incurred during the chapter 13 case. 1 The Debtors filed this motion despite the provisions of Bankruptcy Code § 109(g)(2), which states that no individual may file a bankruptcy petition within 180 days of a prior bankruptcy case if “the debtor requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay…

2Cases cited3 opinions

  1. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  2. In Re StuartUnited States Bankruptcy Court, S.D. Georgia · 2003
  3. In Re HutchinsDistrict Court, N.D. Alabama · 2003

3Cited by9 opinions

  1. In re CovelliUnited States Bankruptcy Court, S.D. New York · 2016
  2. Grossman v. Beal (In Re Beal)District Court, E.D. Wisconsin · 2006
  3. In re GibasUnited States Bankruptcy Court, E.D. Wisconsin · 2016
  4. In re GillUnited States Bankruptcy Court, W.D. Oklahoma · 2018
  5. In re BrownUnited States Bankruptcy Court, E.D. Virginia · 2015

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