Bank of Louisville v. Morris (In Re Morris)

MEMORANDUM-OPINION

G. WILLIAM BROWN, Bankruptcy Judge.

This matter comes before the court on motions by two secured creditors to dismiss this proceeding pursuant to 11 U.S.C. 109(f).

It is established that the present petition for Chapter 13 relief was filed November 9, 1984. A previous Chapter 13 petition was dismissed by this court on October 12,1984 due to debtor’s default of the plan payments. At issue is whether the present petition is permissible under § 109(f) which reads:(f) Notwithstanding any other provision of this section, no individual may be a debtor under this title who has been a…