Case Summary:  
Debtors requested and obtained voluntarily dismissal of a previous chapter 13 case after their mortgage creditor requested relief from the automatic stay. They commenced another chapter 13 case less than 180 days later.  Section 109(g)(2) of the Bankruptcy Code provides that an individual debtor who voluntary dismisses his or her case following the filing of a request for relief from the automatic stay may not file another bankruptcy case until 180 days have passed.  The Court found that the Debtors dismissed the previous case after and as a result of the mortgage creditor’s motion for relief from stay.  The Court held that it did not have discretion to allow the case to proceed under the circumstances, and that § 109(g)(2) compelled the Court to dismiss this case because the Debtors are ineligible to be debtors.

Statute/Rule References:
11 U.S.C. § 109(g)(2) -- Who may be a debtor

Key Terms:
Eligibility
Voluntary Dismissal