- Ag Docket
The debtor filed Chapter 12 in October of 2014 and creditors immediately motioned for relief from the automatic stay largely on the point that the debtor could not successfully reorganize. At an evidentiary hearing two months later the court took the matter under advisement, and the debtor filed a reorganization plan in early 2015. The debtor had been involved in a cattle sale scam and also was subsequently pled guilty to two counts of livestock neglect. His attorney filed a motion to withdraw, which was approved. The plan confirmation hearing was scheduled and the debtor was informed that he needed legal counsel or had to file necessary documents himself. The debtor failed to appear at a status conference and the court later dismissed the case. The debtor retained new counsel and then filed another Chapter 12 petition. The trustee moved for dismissal based on 11 U.S.C. Sec. 109(g)(1) which bars re-filing within 180 days of the previous case if the previous case was dismissed for willful failure to follow a court order or otherwise prosecute a case. The court determined that 11 U.S.C. Sec. 109(g)(1) applied to bar the re-filing based on the debtor's willful failure to follow a court order and willful failure to appear before the court. In re Bryngelson, No. 15-00704, 2015 Bankr. LEXIS 2240 (Bankr. N.D. Iowa Jul. 8, 2015).
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