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DISMISSAL

 

 


FOR CAUSE

Montgomery v. Ryan, 37 F.3d 413 (8th Cir. 1994)

Dismissal for failure to attend creditors' meeting is for cause under 11 U.S.C. 109(g), barring a refiling for 180 days.


SUA SPONTE DISMISSAL

Minkes v. LaBarge (In Re Minkes), No. 99-6053EM (B.A.P. 8th Cir. August 9, 1999) (Chapter 13) (Judge Kressel) (before Koger, Kressel, and Scott)

Bankruptcy Court erred in dismissing sua sponte debtor's chapter 13 case on the basis that the plan was incomplete and incomprehensible. Debtor was entitled to notice and an opportunity to object or correct the plan.


MISCELLANEOUS DISMISSAL CASES

Bergman v. Webb, No. 97-6051 (B.A.P. 8th Cir. 1997)

http://ls.wustl.edu/8th.cir/Opinions/BAP/970923/976051.P8

(Judge Scott) (before Hill, Dreher, and Scott)

Pro se debtor appeals from a Nebraska Bankruptcy Court judgment denying her discharge for failure to explain a loss of assets. The decision was affirmed. Court stated that "it is well-settled that pro se litigants are not excused from complying with substantive and procedural law. While it is true that a court must construe pro se pleadings liberally, the court may not act as counsel for either litigant. Accordingly, while the trial court properly requested specific documentation and permitted the debtor to submit additional documents, it was neither the trial court's duty nor province to conduct the debtor's discovery, aid in preparation for trial, or determine what documentary evidence should be offered at trial."


MULTIPLE AND ABUSIVE FILINGS 

 

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