Legal Opinion
Andersson v. Security Federal Savings & Loan (In Re Andersson)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided June 13, 1997No. 97-8027PublishedCited by 39 opinions
1Opinion of the Court
OPINION
The Chapter 18 Debtors obtained a voluntary dismissal of their first Chapter 13 case after a creditor had requested relief from the automatic stay. The Debtors filed a second Chapter 13 case -within 180 days of the dismissal of the first. The bankruptcy court dismissed the Debtors’ second bankruptcy case pursuant to 11 U.S.C. § 109(g)(2). We affirm the bankruptcy court's dismissal of the Debtors’ second case.
I.ISSUE ON APPEAL
The single issue urged by the parties in this appeal is whether 11 U.S.C. § 109(g)(2) is mandatory and requires dismissal where, within 180 days preceding the…
2Cases cited13 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
8 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Gibson v. Gibson (In Re Gibson)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
- In Re SorrellUnited States Bankruptcy Court, S.D. Ohio · 2007
- In Re CormierUnited States Bankruptcy Court, W.D. Michigan · 2008
- Beguelin v. Volcano Vision, Inc. (In Re Beguelin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Beneke Co. v. Economy Lodging Systems, Inc. (In Re Economy Lodging Systems, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
34 more not listed; retrieve them via the Exa API.