Evereen Daley

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
EVEREEN DALEY,
Debtor.
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Case No. 08-00086
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING MOTION TO
CONTINUE MEETING OF CREDITORS AND PARTIALLY GRANTING
MOTION TO ENLARGE TIME TO FILE OPPOSITION TO MOTION TO DISMISS
The debtor has filed a request for an extension until April
4, 2008, the file or opposition to the United States Trustee’s
motion to dismiss this case. 	She also has filed a motion to
continue the meeting of creditors in light of her seeking
additional time to oppose the motion to dismiss.
The hearing on the United States Trustee’s motion is set for
March 19, 2008. 	That motion recites that:
Pursuant to § 727(a)(8) of the Bankruptcy Code, the
debtor is ineligible to receive a Chapter 7 discharge
in the instant case as it was commenced within eight
years of the filing of the debtor’s Chapter 7 case
filed in 2002.
Because there are no assets for a chapter 7 trustee to
administer, the United States Trustee asserts that it makes sense
The Memorandum Decision and Order below is hereby
signed. Dated: March 6, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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to dismiss this case instead of allowing it to remain pending for
no purpose. 	To rebut that contention, the debtor would have to
show either (1) that the United States Trustee is in error in
contending that the debtor received a discharge in a case that
was commenced in 2002 and that § 727(a)(8) bars a discharge in
this case, or (2) that some purpose of the Bankruptcy Code
applies (such as assets for a trustee to administer) to warrant
keeping this case pending. 	These are straightforward issues, and
the hearing on the United States Trustee’s motion on March 19,
2008, should go forward before the scheduled meeting of creditors
on March 27, 2008.
There remains the issue of whether, if the case is
dismissed, the case should be dismissed with prejudice for one
year. 	The debtor may appear at the hearing on March 19, 2008,
and explain why she maintains that the case ought not be
dismissed with prejudice for one year. 	The court notes that a
motion for relief from the automatic stay is pending, and,
accordingly, the debtor could not obtain any voluntary dismissal
without the dismissal being with prejudice for a period of 180
days pursuant to § 109(g)(2) of the Bankruptcy Code.
Accordingly, if the court were to dismiss the case, it would
dismiss the case with prejudice for at least 180 days. 	However,
there may be little reason to dismiss the case with prejudice for
one year if the debtor’s sole creditor, her landlord,
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accomplishes an eviction prior to the expiration of 180 days.
In accordance with the foregoing, it is
ORDERED that the debtor’s motion to enlarge the time for her
to respond to the United States Trustee’s motion to dismiss is
denied, except that the debtor may file an opposition to the
motion to dismiss prior to the hearing being held. 	It is further
ORDERED that the debtor’s motion to continue the meeting of
creditors is DENIED without prejudice to renewal orally at the
hearing on the motion to dismiss should the court deny the motion
to dismiss the case.
[Signed and dated above.]
Copies to: Debtor; Chapter 7 Trustee; Office of United States
Trustee; John Burns, Esq.
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