Mark A. Donahue

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 08-46822 TT
Chapter 7
MARK DONAHUE,
Debtor.
____________________________/
MEMORANDUM AND ORDER: (1) DENYING APPLICATION FOR WAIVER OF
CHAPTER 7 FILING FEE, (2) DENYING MOTION FOR TEMPORARY WAIVER
OF CREDIT COUNSELING, AND (3) DISMISSING CASE WITH PREJUDICE
The above-captioned debtor filed a chapter 7 bankruptcy petition
on 	November 	20, 	2008. 	On 	the 	same 	day 	he 	filed 	an 	application 	for
waiver 	of 	the 	chapter 	7 	filing 	fee 	and 	a 	motion 	for 	a 	temporary
waiver 	of 	the 	pre-petition 	credit 	counseling 	requirement. 	The
debtor’s history of prior bankruptcy case filings persuades the Court
that 	both 	the 	application 	and 	motion 	should 	be 	denied 	and 	that 	the
case should be dismissed with prejudice. 	That history is as follows:
On January 2, 2007, the debtor filed his first bankruptcy case,
a 	chapter 	13, 	commencing 	Case 	No. 	07-40003 	TG. 	In 	that 	case, 	the
debtor was represented by counsel. 	He filed bankruptcy schedules and
a 	plan. 	His 	schedules 	stated 	that 	he 	owned 	a 	residence 	worth
approximately 	$1,000,000. 	Schedule 	I 	stated 	that 	he 	was 	self-
Signed: November 24, 2008
________________________________________
LESLIE TCHAIKOVSKY
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
November 24, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-46822 Doc# 9 Filed: 11/24/08 Entered: 11/24/08 16:38:18 Page 1 of 5

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employed 	as 	a 	carpenter 	and 	had 	monthly 	income 	of 	approximately
$16,000. 	The 	plan 	provided 	for 	monthly 	payments 	of 	$2,500. 	The
case was dismissed on May 3, 2007 prior to confirmation for failure
to maintain plan payments, among other things.
On May 23, 2007, he filed a second chapter 13 case, Case No. 07-
41554. 	He 	was 	unrepresented 	by 	counsel 	in 	this 	case. 	Again, 	he
filed bankruptcy schedules, indicating monthly income of $16,000, and
a 	plan 	proposing 	payments 	of 	$2,500 	per 	moth. 	The 	case 	was 	again
dismissed prior to confirmation on October 15, 2007, this time with
a 180 day re-filing bar.
Despite the 180 day re-filing bar, on October 25, 2007, he filed
a 	third 	bankruptcy 	case, 	unrepresented 	by 	counsel, 	this 	time 	a
chapter 	7 	case, 	Case 	No. 	07-43557. 	In 	this 	case, 	the 	debtor
represented 	that 	he 	had 	little 	or 	no 	monthly 	income. 	He 	filed 	an
application 	for 	waiver 	of 	the 	filing 	fee. 	The 	application 	was
denied. 	The 	Office 	of 	the 	United 	States 	Trustee 	filed 	a 	motion 	to
dismiss the case, citing the debtor’s history of prior filings. 	The
debtor filed an opposition to the motion.
In the motion, the debtor stated that he was unaware of the 180
day re-filing bar at the time he filed this case. 	He asked the Court
to permit him to continue in the case notwithstanding that bar. 	On
November 	27, 	2007, 	the 	Court 	reconsidered 	the 	order 	denying 	his
application 	for 	waiver 	of 	the 	filing 	fee 	and 	permitted 	the 	case 	to
proceed without a fee. 	On December 20, 2007, the case was dismissed
with 	prejudice 	for 	failure 	of 	the 	debtor 	to 	provide 	copies 	of 	his
Case: 08-46822 Doc# 9 Filed: 11/24/08 Entered: 11/24/08 16:38:18 Page 2 of 5

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income 	tax 	returns 	to 	the 	trustee 	and 	for 	failure 	to 	appear 	at 	a
meeting of creditors.
On 	June 	16, 	2008, 	the 	debtor 	filed 	a 	fourth 	bankruptcy 	case,
again unrepresented by counsel, again a chapter 7 petition, Case No.
08-43048. 	He filed another application for waiver of the filing fee.
The application was denied. 	The debtor did not appear at a meeting
of 	creditors. 	The 	case 	was 	dismissed 	on 	August 	7, 	2008. 	On
September 	2, 	2008, 	he 	filed 	a 	motion 	to 	reinstate 	the 	case. 	The
motion was denied on September 12, 2008.
As stated above, this case was filed on November 20, 2008. 	In
the instant case, in his motion for waiver of the pre-petition credit
counseling requirement, the debtor stated that his home had been lost
to 	foreclosure 	and 	that 	he 	was 	filing 	to 	prevent 	his 	eviction 	from
his 	home. 	He 	stated 	that 	he 	was 	challenging 	the 	legality 	of 	the
foreclosure sale in state court.
There 	are 	ample 	provisions 	under 	state 	law 	for 	delaying 	an
eviction for good cause so that the legality of the foreclosure sale
can be challenged. 	Given the debtor’s history of repeated filings,
followed by a failure to comply with his obligations as a bankruptcy
debtor, the Court concludes that he is not deserving of an automatic
stay of the eviction, even on a temporary basis.
Based on the foregoing, it is hereby
ORDERED that:
1. 	The 	debtor’s 	application 	for 	waiver 	of 	the 	filing 	fee 	be
denied;
Case: 08-46822 Doc# 9 Filed: 11/24/08 Entered: 11/24/08 16:38:18 Page 3 of 5

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2. 	The debtor’s motion for temporary waiver of the pre-petition
credit counseling requirement be denied; and
3. 	The above-captioned case be dismissed with prejudice.
END OF DOCUMENT
Case: 08-46822 Doc# 9 Filed: 11/24/08 Entered: 11/24/08 16:38:18 Page 4 of 5

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COURT SERVICE LIST
Mark A. Donahue
28325 Fox Hollow Dr.
Hayward, CA 94542
Tevis Thompson
P.O. Box 1110
Martinez, CA 94553
Case: 08-46822 Doc# 9 Filed: 11/24/08 Entered: 11/24/08 16:38:18 Page 5 of 5