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Legal Opinion

In Re Samuel

United States Bankruptcy Court, E.D. Pennsylvania

Decided September 16, 1987No. 19-10196PublishedCited by 15 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The instant Motion to Dismiss the Debt- or’s Chapter 13 case, filed by THE KIS-SELL COMPANY, the Debtor’s residential mortgagee (referred to hereinafter as “the Mortgagee”), causes us to consider the circumstances in which we believe that it is proper to dismiss a case on the ground that the Debtor has made overly-repetitive multiple bankruptcy case filings. We believe that Congress has, in enactment of 11 U.S.C. § 109(g), expressly indicated those circumstances in which it deems repetitive filings are abusive and that, therefore, in circumstances not…

2Cases cited18 opinions

  1. Memphis Bank & Trust Company v. Linda Gail WhitmanCourt of Appeals for the Sixth Circuit · 1982
  2. In the Matter of John Joseph METZ, Debtor. DOWNEY SAVINGS AND LOAN ASSOCIATION, Appellant, v. John Joseph METZ, AppelleeCourt of Appeals for the Ninth Circuit · 1987
  3. In Re AughenbaughCourt of Appeals for the Third Circuit · 1942
  4. In Re GathrightUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
  5. In Re KinneyUnited States Bankruptcy Court, C.D. California · 1985

13 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Sinkow v. Latimer (In Re Latimer)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  2. In Re FordUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. In Re OrawskyUnited States Bankruptcy Court, E.D. Pennsylvania · 2008
  4. In Re Nicolet, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1988
  5. In Re MarchUnited States Bankruptcy Court, E.D. Pennsylvania · 1988

10 more not listed; retrieve them via the Exa API.

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