Pesa Properties, Inc

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
PESA PROPERTIES, INC.,
Debtor.
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Case No. 08-00055
(Chapter 11)
NOT FOR PUBLICATION IN
WEST’S BANKRUPTCY REPORTER
MEMORANDUM DECISION RE MOTION
TO DISMISS WITH PREJUDICE AND FOR SANCTIONS
This decision addresses the unopposed motion to dismiss with
prejudice and for sanctions filed by Hugh V. Kelly. 	Valda
Crowder, the president of the debtor and majority shareholder,
signed the petition commencing this case. 	No attorney signed the
petition. 	The court brought this defect to the debtor’s
attention, and when it was not corrected, the court dismissed the
case but reserved ruling on whether the case should be dismissed
with prejudice based on Kelly’s motion (which was not yet ripe
for a ruling).
In a prior case, In re Pesa Properties, Inc., Case No
07-00625, the same thing occurred, yet, after that case was
dismissed, Ms. Crowder filed the petition in this case with the
same defect. 	The filing of the petition in this case occurred
The Memorandum Decision below is hereby signed.
Dated: March 4, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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just before a scheduled foreclosure sale. 	This supports a
finding of bad faith on the part of the debtor and Ms. Crowder,
the dismissal of this case with prejudice, and imposition of
sanctions against both the debtor and Ms. Crowder.
The difficulty is that Kelly’s motion was served on the
debtor but was not separately served on Ms. Crowder. 	A hearing
is set on Kelly’s motion for March 18, 2008. 	There is no need
for a hearing unless Ms. Crowder files a timely opposition to the
imposition of sanctions against her. 	Accordingly, the court will
cancel the March 18, 2008 hearing and require Kelly to re-serve
the motion on Ms. Crowder with a notice of opportunity to respond
to the motion within 14 days of the filing date of such notice.
The motion was properly served on the debtor at its address
of record. 	Accordingly, the court will make the dismissal of
this case with prejudice for 180 days, and will impose sanctions
against the debtor.
An order follows.
[Signed and dated above.]
Copies to: Debtor; Valda Crowder c/o debtor; Office of United
States Trustee; Philip J. McNutt, Esq.; all other entities on BNC
mailing list.
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