Greenwell v. Carty (Carty)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
RUSSELL, Bankruptcy Judge:
The creditor appeals the bankruptcy court’s authorization of the refiling of a new bankruptcy petition by the debtors after dismissal of a previous petition which was improperly filed within the 180-day period proscribed by 11 U.S.C. § 109(g)(2) 1 . We AFFIRM.
I.FACTS
The facts are not in dispute. On January 5, 1989, appellant Paul Greenwell (“Green-well”) was awarded a stipulated judgment against the debtors/appellees Michael and Patricia Carty (“the Cartys”) in the amount of $3,883.69 in Arizona Superior Court.
On April 3, 1989, the Cartys filed for Chapter 13…
2Cases cited8 opinions
- 29 Fair empl.prac.cas. 1345, 34 Fair empl.prac.cas. 240, 30 Empl. Prac. Dec. P 33,118 Ruby J. Gifford v. The Atchison, Topeka and Santa Fe Railway Company, a Corporation Brotherhood of Railway and Airline ClerksCourt of Appeals for the Ninth Circuit · 1982
- Horace BROWN, Plaintiff/Appellant, v. CONTINENTAL CAN COMPANY, Defendant/ AppelleeCourt of Appeals for the Ninth Circuit · 1985
- In Re LunaUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
- Nazarene Federal Credit Union v. McNutt (In Re McNutt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- In Re WilsonUnited States Bankruptcy Court, N.D. Illinois · 1988
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- In Re RivesUnited States Bankruptcy Court, E.D. Missouri · 2001
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