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IN RE ESTRELLA

No. 00-06737 [ESL].

257 B.R. 114 (2000)

In re Carmelo Fontanez ESTRELLA, Debtor.

United States Bankruptcy Court, D. Puerto Rico.

December 7, 2000.

Attorney(s) appearing for the Case

Jose E. Colón, Cesar Gonzalez Avenue, Hato Rey, PR, for the movant, Popular Finance.

Francisco J. Ramos, Puerto Real, PR, for debtor.

OPINION AND ORDER

ENRIQUE S. LAMOUTTE, Bankruptcy Judge.

This case is before the court upon the motion to dismiss the petition pursuant to Section 109[g][1] of the Bankruptcy Code filed by Popular Finance Corporation [Popular]. Popular alleges that section 109[g][1] bars debtor from filing the instant case as their prior filing, case number 00-02589[ESL], was dismissed for failure to appear at the 341 meeting and to make payments to the Chapter 13...

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