In re Sole
United States Bankruptcy Court for the Eastern District of Virginia
233 B.R. 347 (1998)
- Written by Abby Roughton, JD
Facts
Wayne and Cynthia Sole (debtors) filed for Chapter 13 bankruptcy in February 1995. One of the Soles’ creditors moved for relief from the Bankruptcy Code’s automatic stay in October 1995. The bankruptcy court modified the automatic stay in March 1996. On November 17, 1997—nearly 20 months after the creditor’s motion for relief from the stay—the bankruptcy court dismissed the bankruptcy case at the Soles’ request. Three days later, the Soles again filed for Chapter 13 bankruptcy. The Chapter 13 trustee moved to dismiss the case, asserting under 11 U.S.C. § 109(g)(2) that the Soles were ineligible to be debtors. Under § 109(g)(2), a person could not be a debtor if the person had been a debtor in a bankruptcy case in the previous 180 days and had requested and obtained voluntary dismissal of that bankruptcy proceeding “following the filing of a request for relief from the automatic stay.” The bankruptcy court considered the trustee’s motion and issued a ruling.
Rule of Law
Issue
Holding and Reasoning (Adams, J.)
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