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In re Chandler (Case No. 04-03944) 12/30/2004

In a prior Chapter 13 case, the Debtor voluntarily sought and obtained the dismissal of her case after a motion for relief was filed by Wachovia Bank.  The present case was filed fewer than 180 days after the dismissal of the Debtor's prior case.  Wachovia argues that under 11 U.S.C. § 109(g)(2), the Debtor's case should be dismissed on jurisdictional grounds.  Citing to Judge Krumm's In re Duncan decision, in which Judge Krumm pointed out that the word "following" can commonly mean either "subsequent in time" or "as a consequence or result of," the Court denied Wachovia's motion to dismiss.  See In re Duncan, 182 B.R. 156 (Bankr. W.D. Va. 1995).

Date: 
Thursday, December 30, 2004
Category: 
Dismissal
Jurisdiction
Chapter: 
13