Rose Ferrill

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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MEMORANDUM RE: DISMISSAL
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	Case No. 08-40377 EDJ
ROSE FERRILL, 	Chapter 13
Debtor./
MEMORANDUM RE: DISMISSAL
On January 31, 2008, this court issued an Order to Appear and
Show Cause. 	Under that order, debtor Rose Ferrill (“Debtor”) was
required to appear and show cause why the above-captioned case
should not be dismissed on the ground that she filed it in bad
faith. 	See Bankruptcy Code § 1307(c); In re Leavitt, 171 F.3d 1219,
1224 (9th Cir. 1999) (holding that a debtor’s bad faith is “cause”
for dismissal under Bankruptcy Code § 1307(c)).
The court heard the matter on February 14, 2008. 	Debtor
appeared to oppose dismissal. 	Chapter 13 Trustee Martha Bronitsky
appeared to support dismissal. 	For the reasons stated below, the
court will dismiss this case, with prejudice.
Signed: February 20, 2008

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
February 21, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-40377 Doc# 15 Filed: 02/20/08 Entered: 02/21/08 09:06:39 Page 1 of 4

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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2	MEMORANDUM RE: DISMISSAL
Debtor filed the above-captioned case on January 28, 2008.
This is Debtor’s fourth case within one year. 	Filed with the
petition was a letter from James Dubose, Debtor’s son and the debtor
in case #06-41722 in this court. 	The letter advised the court that,
on the eve of the filing of this case, Dubose had transferred
several parcels of real property to Debtor via quitclaim deed. 	It
is unknown to the court whether these properties were still part of
Dubose’s bankruptcy estate at the time of the purported transfer.
Regardless, lienholders on these properties had already received
relief from the automatic stay provided by Bankruptcy Code § 362(a)
at the time of the transfer and Debtor’s latest bankruptcy filing.
At the hearing on February 14, 2008, the court questioned
Debtor about these properties. 	She did not deny that Dubose had
transferred them to her on the eve of her bankruptcy filing.
Debtor’s argument is that, since she had previously paid some of the
expenses on these properties and currently lived in one of them, the
transfers were not made in bad faith.
Even if the facts presented by Debtor are true, they are
irrelevant. 	Debtor provided no evidence that she filed this
bankruptcy petition for a purpose other than mere delay. 	Nor did
she show that she had the ability to fund a chapter 13 plan, that
she had paid any consideration to acquire the properties in
question, or that there were any other equities that might justify
the filing.
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Case: 08-40377 Doc# 15 Filed: 02/20/08 Entered: 02/21/08 09:06:39 Page 2 of 4

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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3	MEMORANDUM RE: DISMISSAL
The court will dismiss Debtor’s case with prejudice as a bad
faith filing, and will issue its order so providing.
END OF ORDER
Case: 08-40377 Doc# 15 Filed: 02/20/08 Entered: 02/21/08 09:06:39 Page 3 of 4

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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4	MEMORANDUM RE: DISMISSAL
COURT SERVICE LIST
ALL RECIPIENTS
Case: 08-40377 Doc# 15 Filed: 02/20/08 Entered: 02/21/08 09:06:39 Page 4 of 4