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IN RE ARENA

Bankruptcy No. 87-05287S.

81 B.R. 851 (1988)

In re Joseph W. ARENA, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

January 25, 1988.

Attorney(s) appearing for the Case

David M. Offen, Philadelphia, Pa., for debtor.

Margo J. Peterson, Jonah D. Levin, Norristown, Pa., for movant.

Edward Sparkman, Philadelphia, Pa., Standing Chapter 13 Trustee.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The motion before the court in the instant case requires us to examine once again the meaning and application of 11 U.S.C. § 109(g), a subject which we previously addressed in In re Samuel, 77 B.R. 520 (Bankr.E.D.Pa.1987). We hold that, in order to prevail in a motion based upon 11 U.S.C. § 109(g)(1), the moving party bears the burden of showing that the debtor either...

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