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IN RE McIVER

Civ. A. No. 4:85-1933-2.

78 B.R. 439 (1987)

In re E.J. McIVER, Debtor. E.J. McIVER, Appellant, v. Francis M. PHILLIPS, Appellee.

United States District Court, D. South Carolina, Florence Division.

April 2, 1987.

Attorney(s) appearing for the Case

John A. Gaines, Florence, S.C., for debtor.

Pearce W. Fleming, Kligman & Fleming, Columbia, S.C., for Tran South.

HOUCK, District Judge.

This is an appeal from the order of the Honorable J. Bratton Davis, Bankruptcy Judge, filed April 25, 1985, dismissing appellant E.J. McIver's second Chapter 13 proceeding because he was not qualified to be a debtor under 11 U.S.C. § 109(f) of the Bankruptcy Code.

Section 109(f)(1) provides that no individual may be a debtor under the Bankruptcy Code if in the preceding 180 days he had been...

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