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IN RE BURGART

Civ. A. No. 91-692, Bankruptcy No. 90-2667-JLC, Motion No. 90-7714M.

141 B.R. 90 (1992)

In re Wilfred W. BURGART a/k/a Bill Burgart d/b/a W. Burgart and Associates and Anna F. Burgart, Debtors.

United States District Court, W.D. Pennsylvania.

June 2, 1992.

Attorney(s) appearing for the Case

Don Calairo, Pittsburgh, Pa., for debtors.

Reed J. Davis, Asst. U.S. Atty., Pittsburgh, Pa., for First Seneca Bank.

MEMORANDUM OPINION

LEWIS, District Judge.

On June 29, 1990, Wilfred W. Burgart and Anna F. Burgart ("debtors") filed a Chapter 13 petition ("the first case"). The first case was dismissed without prejudice on July 25, 1990, for failure to file a Chapter 13 bankruptcy plan. On August 31, 1990, the debtors filed a second Chapter 13 case. In that case, First Seneca Bank ("appellant") moved for dismissal, alleging that debtors filed their case in violation of...

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