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IN RE SANCHEZ-DOBAZO

No. 05-42509-BKC-RAM.

343 B.R. 742 (2006)

In re Rafael SANCHEZ-DOBAZO, a/k/a Juan J.R. Sanchez-Dobazo and Margot Sanchez-Dobazo, Debtors.

United States Bankruptcy Court, S.D. Florida.

June 2, 2006.

Attorney(s) appearing for the Case

Michael A. Frank, Esq., Miami, FL, for Debtors.

Nancy N. Herkert, Miramar, FL, Standing Chapter 13 Trustee.

ORDER DENYING TRUSTEE'S MOTION TO DISMISS

ROBERT A. MARK, Chief Judge.

The issue presented in the chapter 13 Trustee's Motion to Dismiss is whether a chapter 13 petition is prohibited per se, when a prior chapter 13 case is still open, payments under the first plan have yet to be completed, and the debtors have not yet obtained their discharge.

Factual and Procedural Background

On July 5, 2000, the debtors, Juan and Margot...

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