Legal Opinion
In Re Hicks
United States Bankruptcy Court, D. Maryland
Decided March 9, 1992No. 19-12748PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION FINDING 11 U.S.C. § 109(g)(2) NOT APPLICABLE
E. STEPHEN DERBY, Bankruptcy Judge.
The question before the court is under what circumstances individual debtors are barred from refiling for relief under the Bankruptcy Code for 180 days by 11 U.S.C. § 109(g)(2). The debtors requested dismissal of their case prior to the filing of a motion for relief from stay; however, the order dismissing the case was not entered until after a motion for relief from stay had been filed. For the reasons stated below, this court finds § 109(g)(2) applicable only where a debtor has both filed and…
2Cases cited13 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Caminetti v. United StatesSupreme Court of the United States · 1917
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- United States v. MenascheSupreme Court of the United States · 1955
- Landreth Timber Co. v. LandrethSupreme Court of the United States · 1985
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re RichardsonUnited States Bankruptcy Court, M.D. Louisiana · 1998
- In re GuerreroUnited States Bankruptcy Court, S.D. Texas · 2015
- Tooke v. SUNSHINE TRUST MORTG. TRUST NO. 86-225District Court, M.D. Florida · 1992
- In Re JarboeUnited States Bankruptcy Court, D. Maryland · 1995
- In Re HolderUnited States Bankruptcy Court, D. Maryland · 1993
2 more not listed; retrieve them via the Exa API.