Legal Opinion
In Re Arena
United States Bankruptcy Court, E.D. Pennsylvania
Decided January 25, 1988No. 15-18108PublishedCited by 22 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
The motion before the court in the instant case requires us to examine once again the meaning and application of 11 U.S.C. § 109(g), a subject which we previously addressed in In re Samuel, 77 B.R. 520 (Bankr.E.D.Pa.1987). We hold that, in order to prevail in a motion based upon 11 U.S.C. § 109(g)(1), the moving party bears the burden of showing that the debtor either (1) willfully failed to abide by an order of the court or (2) willfully failed to appear before the court in proper prosecution of the case. Although we believe that the conduct of the…
2Cases cited20 opinions
- Albert J. Gaiardo and Patricia Gaiardo, His Wife v. Ethyl Corporation, A/K/A Ethyl Corporation, Visqueen DivisionCourt of Appeals for the Third Circuit · 1987
- In Re NelkovskiUnited States Bankruptcy Court, N.D. Illinois · 1985
- In Re EllisUnited States Bankruptcy Court, E.D. New York · 1985
- In Re BonoUnited States Bankruptcy Court, E.D. New York · 1987
- In Re GellerUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
15 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re George C. MONTGOMERY, Debtor. George C. MONTGOMERY, Appellant, v. Norah RYAN, AppelleeCourt of Appeals for the Eighth Circuit · 1994
- In Re MadisonUnited States Bankruptcy Court, E.D. Pennsylvania · 1995
- In Re PappalardoUnited States Bankruptcy Court, S.D. New York · 1990
- Weiszhaar Farms, Inc. v. Livestock State BankDistrict Court, D. South Dakota · 1990
- In Re PretzerUnited States Bankruptcy Court, N.D. Ohio · 1989
17 more not listed; retrieve them via the Exa API.