Tijuana Michelle Saunders

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
TIJUANA MICHELLE SAUNDERS,
Debtor.
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Case No. 07-00013
(Chapter 7)
MEMORANDUM DECISION REGARDING DISMISSAL OF CASE
On January 17, 2007, the court entered an order requiring
the debtor to show cause why this case ought not be dismissed
for failure of the debtor to have filed a motion for waiver of
the requirement of the counseling required by 11 U.S.C. §
109(h). The debtor has not responded to that motion, and,
accordingly, the court will dismiss the case. After the
deadline for the debtor to respond to the order to show cause
had passed, the debtor apparently failed to appear at the
meeting of creditors under 11 U.S.C. § 341. That prompted the
trustee to file a motion to dismiss the case with prejudice
(and to enlarge the time to object to discharge). Because the
debtor apparently acquiesced in the dismissal of the case under
§ 109(h), which ordinarily doe not mean a dismissal with
The Memorandum Decision below is hereby signed.
Dated: February 3, 2007.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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1 It nevertheless is appropriate to grant the trustee’s
request to enlarge the time to object to discharge to a later
date should the dismissal of the case be set aside (although
vacating of the dismissal order may be an unlikely event to
occur).
2	O:\Order Forms\Dismiss Under 109(h) But Deny Mtn to Dismiss WIth Prejudice.wpd
prejudice, it is understandable that she did not appear at the
meeting of creditors: if the case had to be dismissed under §
109(h) it made no sense for her to appear at the meeting of
creditors. Dismissal with prejudice is thus not warranted.1
An order follows.
[Signed and dated above.]
Copies to:
Debtor; debtor’s counsel; Office of U.S. Trustee; trustee.
Case 07-00013 Doc 26 Filed 02/05/07 Entered 02/05/07 10:49:00 Desc Main
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