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IN RE STUART

No. 02-43960.

297 B.R. 665 (2003)

In the Matter of Doug E. STUART, Debtor.

United States Bankruptcy Court, S.D. Georgia, Savannah Division.

July 31, 2003.

Attorney(s) appearing for the Case

William Maston, Savannah, GA, for Plaintiff/Movant.

Mark Bulovic, Savannah, GA, for Defendant/Respondent.

MEMORANDUM AND ORDER ON MOTION TO DISMISS CASE

LAMAR W. DAVIS, JR., Bankruptcy Judge.

Doug E. Stuart ("Debtor") requested voluntary dismissal of a previous Chapter 13 bankruptcy case. Shortly thereafter, he filed this case under Chapter 7. Creditor M. Randall Hall ("Hall") filed a motion to dismiss the current case. Hall contends that under the literal provisions of 11 U.S.C. § 109(g)(2), Debtor does not qualify to be a debtor in this case. Alternatively...

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