Steven Eugene Appice and Antonia Charisse Appice

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UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
In re
STEVEN EUGENE APPICE and
ANTONIA CHARISSE-APPICE,
Debtors.
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Case No. 08-31978 TEC
Chapter 13
MEMORANDUM RE DEBTORS’ MOTION TO EXTEND TIME
On October 22, 2008, Debtors filed a motion to extend time to
file certain required documents. 	For the reasons stated below,
Debtors’ motion is denied and the court determines that this
bankruptcy case should be dismissed. 	This memorandum constitutes
the court’s findings of fact and conclusions of law.
FACTS
On May 12, 2008, Judge Jellen entered an order (Dismissal
Order) dismissing Debtors’ bankruptcy case no. 08-41418 with
prejudice, and providing that any future bankruptcy case filed by
Debtors in violation of the Dismissal Order “shall be deemed null
and void and subject to dismissal without notice. . . .”. 	On June
12, 2008, Judge Newsome signed an order in Debtors’ case no. 08-
42689 dismissing that case pursuant to the Dismissal Order. 	On
Signed and Filed: December 10, 2008
________________________________________
THOMAS E. CARLSON
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
December 12, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-31978 Doc# 12 Filed: 12/10/08 Entered: 12/12/08 11:48:12 Page 1 of 3

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1 The petition does not disclose Debtors’ seven bankruptcy
cases filed in the Northern District of California between November
26, 2007 and the current case. 	Rather, in the section labeled “all
prior bankruptcy cases filed within last 8 years”, Debtors wrote
only “San Francisco.”
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October 4, 2008, Judge Tchaikovsky signed an order in Debtors’ case
no. 08-45635 dismissing that case pursuant to the Dismissal Order.
On October 17, 2008, Debtors filed the above-captioned
skeletal bankruptcy case. 1 	It is Debtors’ eighth skeletal case
filed since November 26, 2007. 	All of the cases have been
dismissed for either failure to file documents or pursuant to the
Dismissal Order.
On October 22, 2008, this court served Debtors with an order
requiring them to file certain documents by November 6, 2008,
including schedules, a plan, a statement of financial affairs, and
a certificate of prepetition credit counseling. 	On November 6,
2008, Debtors filed a motion to extend time, asserting that they
needed at least two weeks to file the missing documents because
they had hired counsel, but that the attorney would only assist
Debtors once he had received “all of the money.” 	As of December
10, 2008, Debtors have not filed the required documents, an
application to employ counsel, or a statement disclosing
compensation paid to counsel.
DISCUSSION
The court determines that Debtors’ motion to extend time
should be denied because: (1) this case should be dismissed
pursuant to the Dismissal Order signed by Judge Jellen; and
(2) Debtors have had more than six weeks to file the required
documents, but have not done so.
**END OF MEMORANDUM**
Case: 08-31978 Doc# 12 Filed: 12/10/08 Entered: 12/12/08 11:48:12 Page 2 of 3

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Court Service List
Steven Eugene Appice
837 Hanover St.
Livermore, CA 94551
Antonia Charisse Appice
837 Hanover St.
Livermore, CA 94551
Case: 08-31978 Doc# 12 Filed: 12/10/08 Entered: 12/12/08 11:48:12 Page 3 of 3