Sherely T. Joyner

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
SHERLEY T. JOYNER,
Debtor.
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Case No. 07-00510
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER STRIKING PRAECIPE
The debtor failed to attend the hearing on the trustee’s
motion to dismiss and thus presented no evidence of an ability to
cure the plan arrears within a reasonable time. 	Although she
filed a praecipe on the day of the hearing stating that she would
like to set up a payment plan, and asking that her case not be
dismissed, that praecipe was not a motion in proper form, and can
be viewed as only supplementing her earlier opposition to the
motion.
Even if the motion had asked that the court’s oral decision
at the hearing be set aside, which it did not, the praecipe
failed to set forth an adequate basis for setting aside the
court's decision. 	The praecipe did not allege that the debtor
has made a payment towards curing the plan arrears, did not
The document below is hereby signed.
Signed: March 09, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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allege how the debtor would be able to pay the arrears and over
what period of time, and did not attempt to explain the debtor’s
failure to attend the hearing. 	If the debtor wishes to file a
motion under Fed. R. Bankr. P. 9023 to set aside the order of
dismissal within 14 days after entry of the order of dismissal,
serving the same on the trustee and stating adequate grounds for
vacating the order, she is free to do so. 	It is
ORDERED that the debtor’s praecipe filed on February 19,
2010, is stricken. 	An order dismissing the case follows.
Dated: March 9, 2010.
[Signed and dated above.]
Copies to: Debtor (via BNC and also via mailing by clerk);
Chapter 13 Trustee.
Case 07-00510 Doc 69 Filed 03/09/10 Entered 03/09/10 15:48:00 Desc Main
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