Miller v. First Federal Savings & Loan Ass'n of Monessen

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

First Federal Savings and Loan Association of Monessen (“First Federal”) has moved for dismissal of debtor’s bankruptcy petition pursuant to 11 U.S.C. § 109(g)(1). It alleges that the present petition was improperly filed within 180 days of dismissal of a previous bankruptcy involving debtor which was dismissed for willful failure to obey orders of court. First Federal also seeks a determination that the automatic stay which was issued in the present case was void ab initio and therefore had no effect upon a Sheriffs sale of debtor’s…