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IN RE RICHARDSON

Bankruptcy No. 97-10737.

217 B.R. 479 (1998)

In re Henry RICHARDSON, Debtor.

United States Bankruptcy Court, M.D. Louisiana.

February 4, 1998.

Attorney(s) appearing for the Case

Stephen K. Peters, Baton Rouge, LA, for Debtor.

Blake E. Rizzo, Kizer, Hood & Morgan, L.L.P., Baton Rouge, LA, for Hibernia National Bank.

Annette C. Crawford, Baton Rouge, LA, Standing Chapter 13 Trustee.

RULING

LOUIS M. PHILLIPS, Bankruptcy Judge.

The matter before the Court is a Motion to Dismiss this Chapter 13 case, which requires that this Court determine which of the competing interpretations of 11 U.S.C. § 109(g)(2) is correct. For the following reasons, the Court interprets the statute to dictate dismissal of a case when a debtor has been a debtor in a case pending within 180 days prior to the present case, in which voluntary dismissal...

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