Legal Opinion
Staggs v. Kirk (In re Kirk)
United States Bankruptcy Court, S.D. Georgia
Decided March 30, 2016No. Number 15-41584-EJCPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION ON JONATHAN STAGGS’S MOTION TO DISMISS
Edward J. Coleman, III, Judge, United States Bankruptcy Court, Southern District of Georgia
Before the Court is movant Jonathan Staggs’s (“Movant”) Motion to Dismiss (dckt. 63) filed on December 21, 20151. The Movant seeks dismissal of this chapter 13 proceeding based upon the narrow grounds of the timing of the filing of the bankruptcy petition and whether it was done solely to avoid the Movant’s civil lawsuit. For the reasons stated below, the Court concludes that dismissal under 11 U.S.C. § 1307(c) is not warranted in this case.…
2Cases cited7 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- In Re Charles E. Kitchens and Olivia L. Kitchens, Bankrupt. Charles E. Kitchens and Olivia L. Kitchens v. Georgia Railroad Bank and Trust CompanyCourt of Appeals for the Eleventh Circuit · 1983
- In Re Edward J. Waldron, Debtors, Shell Oil Company, Cross-Appellee v. Edward J. Waldron and Elizabeth M. Waldron, His Wife, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1986
- In Re: Craig Piazza, Craig Piazza v. Nueterra Healthcare Physical Therapy, LLCCourt of Appeals for the Eleventh Circuit · 2013
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3Cited by3 opinions
- Christopher Mark WilsonUnited States Bankruptcy Court, M.D. Georgia · 2024
- Neacie D BligeUnited States Bankruptcy Court, S.D. Georgia · 2019
- Trevan Anthony CrawfordUnited States Bankruptcy Court, M.D. Florida · 2024