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IN RE WEN HUA XU

No. 07-11494 (REG).

386 B.R. 451 (2008)

In re WEN HUA XU, Debtor.

United States Bankruptcy Court, S.D. New York.

April 7, 2008.

Attorney(s) appearing for the Case

Dahiya Karamvir, Dahiya & Associates Pc, Jackson Heights, NY, for Wen Hua Xu.

Richard E. O'Connell, Yost & O'connell, Whitestone, NY, for trustee.

DECISION AND ORDER ON MOTION TO DISMISS

ROBERT E. GERBER, Bankruptcy Judge.

In this contested matter in the chapter 7 case of Wen Hua Xu, creditor 81 Baxter, LLC ("Baxter") moves for dismissal of the Debtor's petition pursuant to section 109(g)(1) of the Bankruptcy Code. This is the Debtor's second recent bankruptcy filing; a previous petition before Judge Drain was dismissed under section 707(a)(1), 36 days before the filing here. In that case, Judge Drain...

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