Daniel J. Gallagher

1 The fact that the prior case has been dismissed does not render it not “pending.” The filing
of a notice of appeal from the final judgment of a trial court divests the trial court of jurisdiction and
confers jurisdiction upon the appellate court. This rule applies with equal force to bankruptcy cases.
E.g. In re Peregrine Systems, Inc., 312 B.R. 755, 757 n.1 (D. Del. 2004) (citations omitted).
UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 13
:
DANIEL GALLAGHER, 	: 	Bankruptcy No. 06-13789DWS
:
Debtor. 	:
ORDER
AND NOW, this 13th day of October 2006, debtor Daniel J. Gallagher (“Debtor”),
having filed the above-captioned bankruptcy case on August 31, 2006;
And Debtor having filed a prior bankruptcy case, No. 03-31732, dismissed by this
Court’s Order of May 12, 2005 (the “2005 Dismissal Order”);
And Debtor having appealed the 2005 Dismissal Order, that appeal currently pending
before the United States District Court for the Eastern District of Pennsylvania, In re
Gallagher, No. 05-6169;
And the majority of courts having addressed this issue holding that a debtor may not
have more than one pending bankruptcy case1 “in accordance with the general rule that the
law will not tolerate two suits at the same time for the same relief,” Freshman v. Atkins,
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In re Daniel Gallagher - Bankruptcy No. 06-13789DWS
2 Old Gold has filed a motion to remand Adversary Case No. 06-0457 which came before
me at a hearing on October 5, 2006. As the outcome of this show cause hearing affects the basis for
a remand, I shall defer ruling on the remand motion until after November 16, 2006.
-2-
269 U.S. 121, 123, 46 S. Ct. 41, 42 (1925); accord In re Jackson, 184 B.R. 16 (D. N.J., 1995)
(disallowing two Chapter 13 cases); In re Keen, 121 B.R. 513 (Bankr. W.D. Ky. 1990)
(disallowing Chapter 11 case filed during pendency of Chapter 7 case);
It is hereby ORDERED that Debtor shall appear on November 16, 2006 at
10:30 a.m. in the Robert N.C. Nix, Sr. Federal Courthouse, 2nd floor, 900 Market Street,
Courtroom #3, Philadelphia, PA and show cause why this case should not be dismissed. 2
Memoranda of law shall be filed by the Debtor and any interested party on or before
November 10, 2006.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
Copies to:
David A. Scholl, Esquire
Law Office of David A. Scholl
#6 St. Albans Avenue
Newtown, PA 19073
Daniel Gallagher
128 Mercy Street
Philadelphia, PA 19148
Dave P. Adams, Esquire
Office of the U.S. Trustee
833 Chestnut Street, Suite 500
Philadelphia, PA 19107
William C. Miller, Esquire
Standing Chapter 13 Trustee
P. O. Box 40119
Philadelphia, PA 19106-0119
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