Michael John Walton

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
MICHAEL JOHN WALTON, No. 07-10080
Debtor(s).
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Memorandum
_________________
Since 1995, debtor Michael Walton has filed seven Chapter 13 petitions. All have been dismissed
without plan confirmation. There would have been more filings, except that the court has periodically barred
Walton from refiling for up to two years.
Walton filed his latest petition before the one in this case on April 14, 2006. That case was dismissed
on August 10, 2006. Walton filed the petition in this case January 26, 2007. There does not appear to be
any material change in circumstances from his previous filings.
The court would have issued a bar to refiling after dismissal of the 2006 case, except that a change in
the law made it unnecessary. The 2005 amendments to the Bankruptcy Code provide that the automatic stay
in a case filed within a year of dismissal of a prior case lasts only 30 days, and if there is a second such case
there is no automatic stay at all. Thus, creditors have been free to proceed against Walton since February 25.
As near as the court has been able to determine from Walton’s attempts to represent himself over the
years, his problems are related to Lake County secured property taxes. The court has never been able to
make a determination that treatment of these claims, which Walton disputes, is consistent with the Code.
Walton has made reference to other types of problems which appear to be far outside the ability of this court
to relieve.
The court is unable to find, and Walton is incapable of establishing, any of the requirements of § 1325
of the Code for confirmation. The case will accordingly be dismissed. The court hopes that Walton will take
Entered on Docket
April 17, 2007
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 07-10080 Doc# 25 Filed: 04/17/07 Entered: 04/17/07 13:54:41 Page 1 of 3

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the money refunded to him by the trustee and use it to obtain legal advice, which he desperately needs.
Walton is reminded that refiling in light of the amendments to the Bankruptcy Code is a futility and that he is
not eligible to pay any future filing fees in installments due to past abuses.
Dated: April 16, 2007
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 07-10080 Doc# 25 Filed: 04/17/07 Entered: 04/17/07 13:54:41 Page 2 of 3

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CERTIFICATE OF MAILING
The undersigned deputy clerk of the United States Bankruptcy Court for the Northern District of
California hereby certifies that a copy of the attached document was mailed to all parties listed below
as required by the Bankruptcy Code and Rules of Bankruptcy Procedure.
Dated: Apr 17, 2007
Michael John Walton
P.O. Box 1465
Clearlake, CA 95422
Case: 07-10080 Doc# 25 Filed: 04/17/07 Entered: 04/17/07 13:54:41 Page 3 of 3