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Chapter 13 Case Dismissal Order

The bankruptcy court denied confirmation of Tionne Watkins' Chapter 13 plan and dismissed her bankruptcy case. The trustee had moved for dismissal under Section 109(g) due to Watkins' failure to make any payments, attend the Section 341 meeting, or resolve other objections in her previously dismissed Chapter 13 case from earlier in the year. As a result, the court found Watkins willfully failed to properly prosecute the case and dismissed it, making her ineligible to refile for Chapter 13 for 180 days.

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211 views3 pages

Chapter 13 Case Dismissal Order

The bankruptcy court denied confirmation of Tionne Watkins' Chapter 13 plan and dismissed her bankruptcy case. The trustee had moved for dismissal under Section 109(g) due to Watkins' failure to make any payments, attend the Section 341 meeting, or resolve other objections in her previously dismissed Chapter 13 case from earlier in the year. As a result, the court found Watkins willfully failed to properly prosecute the case and dismissed it, making her ineligible to refile for Chapter 13 for 180 days.

Uploaded by

melaniel_co
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Case 11-81375-jrs Doc 14 Filed 02/02/12 Entered 02/02/12 [Link] Desc Main Document - Objection to Confirmation of Plan (batch)

Page 1 of 3

IT IS ORDERED as set forth below:

Date: February 1, 2012


_____________________________________ James R. Sacca U.S. Bankruptcy Court Judge

_______________________________________________________________

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN RE TIONNE WATKINS, DEBTOR. ) ) ) ) ) CHAPTER 13 CASE NO. 11-81375-JRS

ORDER DISMISSING CHAPTER 13 CASE PURSUANT TO 11 U.S.C. SECTION 109(g) Hearing on confirmation of Debtors Chapter 13 Plan came before the Court January 26, 2012, upon proper notice. At the hearing, Counsel for Trustee appeared and was heard. In his written Objection to Confirmation filed January 4, 2012, the Chapter 13 Trustee moved to dismiss the instant case pursuant to 11 U.S.C. Section 109(g). In his objection to confirmation, and in support of his request to dismiss pursuant to 11 U.S.C. Section 109(g), Trustee showed the Court the following:

Case 11-81375-jrs Doc 14 Filed 02/02/12 Entered 02/02/12 [Link] Desc Main Document - Objection to Confirmation of Plan (batch) Page 2 of 3

Debtor has filed one (1) previously unsuccessful recent Chapter 13 case: Case Number 11-55628, filed February 25, 2011, and dismissed prior to confirmation July 19, 2011. In this case, Debtor has failed to make any payments into the case, failed to appear at the Section 341 Meeting of Creditors, and did not resolve any of Trustees other objections to confirmation. Such failure represents an unreasonable and prejudicial delay in protecting the rights and interests of the estate and Debtors creditors. The court finds that based on the entire record and the circumstances of this case, Debtor has willfully failed to properly prosecute this case; accordingly, it is hereby ORDERED that confirmation of Debtors Chapter 13 Plan is DENIED for failure to comply with the applicable provisions of 11 U.S.C. Section 1325(a)(1). It is further ORDERED that Trustees request to dismiss this case pursuant to 11 U.S.C. Sections 105(a) and 109(g) is GRANTED; Debtor is hereby ineligible to file for relief as to Chapter 13 under Title 11 of the United States Bankruptcy Code for one hundred eighty (180) days from the date of entry of this Order. The Clerk of Court is directed to serve notice of this Order on all creditors, parties in interest, and Debtor.

[END OF DOCUMENT]

Case 11-81375-jrs Doc 14 Filed 02/02/12 Entered 02/02/12 [Link] Desc Main Document - Objection to Confirmation of Plan (batch) Page 3 of 3

Prepared and Presented by: _/S/____________________________ CELESTE A. BELVILLE Georgia Bar No.: 049702 Attorney for the Chapter 13 Trustee 260 Peachtree Street, NW, Suite 200 Atlanta, GA 30303 TEL: (678) 510-1444 FAX: (678) 510-1450

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