In re Andersson
209 B.R. 76 (B.A.P. 6th Cir. 1997) Cited 55 timesAffirming a bankruptcy court that dismissed a case pursuant to the majority view of section 109(g) and stating that "statutes 'must be read in a 'straightforward' and 'commonsense' manner,' and that 'when we can discern an unambiguous and plain meaning from the language of a [statute], our task is at an end."
In re Richter
Bankruptcy No. 10-01260 (Bankr. N.D. Iowa Oct. 22, 2010) Cited 12 timesDenying motion to dismiss where Debtors had already surrendered motorcycle to creditor in prior case before dismissing and refiling second case
In re Duncan
182 B.R. 156 (Bankr. W.D. Va. 1995) Cited 24 timesHolding debtor's voluntary dismissal must be in response to the motion for relief from stay filing
In re Santana
110 B.R. 819 (Bankr. W.D. Mich. 1990) Cited 30 timesHolding that party that had not sought relief from stay prior to voluntary withdrawal could not invoke § 109(g) to prohibit second filing within 180 days
Matter of Milton
82 B.R. 637 (Bankr. S.D. Ga. 1988) Cited 23 timesHolding that § 109(g) does not apply where debtor has reached good faith settlement with creditor over request for relief from stay prior to debtor's voluntary request for withdrawal
Section 157 - Procedures
28 U.S.C. § 157 Cited 51,373 times 78 Legal AnalysesDetermining the validity, extent, or priority of liens
Section 1334 - Bankruptcy cases and proceedings
28 U.S.C. § 1334 Cited 40,667 times 57 Legal AnalysesGranting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
Section 109 - Who may be a debtor
11 U.S.C. § 109 Cited 4,041 times 34 Legal AnalysesAllowing municipal bankruptcy only if specifically authorized by state law