Thomas C. Maxwell

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
THOMAS C. MAXWELL,
Debtor.
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Case No. 05-02045
(Chapter 13)
AMENDMENT TO FINDINGS OF FACT AND CONCLUSIONS OF
LAW REGARDING MOTION TO VACATE ORDER OF DISMISSAL
With respect to the debtor's motion to vacate the order of
dismissal of this case, the court amends its oral findings of
fact and conclusions of law of today. The court amends that oral
ruling to strike the finding that the debtor failed to schedule
Janice Coclough as a creditor. In fact she was scheduled.
However, the court's ruling otherwise remains the same, as
supplemented below.
The scheduling of Coclough as a creditor does not alter the
conclusion that the order of dismissal ought not be vacated. The
debtor's failure otherwise to file proper schedules accurately
listing his assets (including motor vehicles in which he had an
ownership interest, and an ownership interest in a limited
liability company through which he operates his business) and
The decision below is hereby signed. Dated:
February 17, 2006.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 05-02045 Doc 45 Filed 02/21/06 Entered 02/21/06 15:25:08 Desc Main
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2	O:\JUDGTEMP\Maxwell Amended Findings Denial Mtn to Vacate Ch 13 Dismssl.wpd
liabilities (such as secured debt not scheduled), his failure to
make plan payments prior to the dismissal of the case, and his
failure to produce papers showing an ability to make plan
payments, coupled with the debtor's failure timely to oppose the
motion to dismiss require denial of the motion to vacate.
Even if the motion to vacate were treated instead as a
timely opposition to the motion to dismiss, the trustee carried
her burden of showing that the case ought to be dismissed with
prejudice as filed in bad faith. The debtor's failure accurately
to complete his schedules was done with knowledge of the
inaccuracy of the schedules and a cavalier attitude that accuracy
was not essential. When coupled with the debtor's inability to
show that he had a sufficient stream of income to carry out a
chapter 13 plan, that conduct demonstrates an abuse of the
bankruptcy system which warrants the sanction of dismissing the
case with prejudice as filed in bad faith.
[Signed and dated above.]
Copies to: Debtor; Debtor's Attorney; Cynthia A. Niklas.
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