Rivera v. Matos (In re Rivera)
- Citation:
- In re Rivera, BAP No. PR 12-087 (1st Cir. BAP, June 26, 2013) (per curiam).
- Tag(s):
-
- Ruling:
- Without “need to adopt a particular approach” to the meaning of 11 U.S.C. § 109(g)(2) because the debtor’s actions would satisfy the “mandatory,” “discretionary,” or “causal connection” approach, the Panel affirmed the bankruptcy court’s order dismissing the debtor’s second bankruptcy case and prohibiting him from filing another case for 180 days.
- Procedural context:
- Appeal from the bankruptcy court for the District of Puerto Rico dismissing debtor’s second bankruptcy case pursuant to 11 U.S.C. § 109(g)(2) and prohibiting him from filing another case for 180 days.
- Facts:
- The debtor owned real property encumbered by a mortgage. In September 2011, on the eve of foreclosure by the mortgagee, the debtor filed his first chapter 13 case. On July 30, 2012, after the mortgagee’s motion for relief from stay was granted and foreclosure proceedings recommenced, the bankruptcy court entered an order granting the debtor’s voluntarily dismissal of his first chapter case. Immediately thereafter, the debtor re-filed a new chapter 13 case to prevent the second scheduled foreclosure sale. The mortgagee moved to dismiss the case pursuant to 11 U.S.C. § 109(g)(2) and later alleged bad-faith. After a hearing on the mortgagee’s motion to dismiss, the bankruptcy court entered an order dismissing the case with prejudice to prevent re-filing for a period of 180 days.
- Judge(s):
- Hillman, Deasy, and Bailey (per curiam)
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