1:10-bk-00014•Eva L Ramsey
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UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLUMBIA In re EVA L. RAMSEY, Debtor. ) ) ) ) ) ) Case No. 10-00014 (Chapter 13) Not for Publication in West’s Bankruptcy Reporter MEMORANDUM DECISION AND ORDER DISMISSING CASE AND DENYING DEBTOR’S MOTION TO RENDER CHAPTER 13 FILING AS VOID AB INITIO The debtor filed a petition commencing this case on January 7, 2010. On January 15, 2010, the debtor filed a motion reciting: The Debtor did not intend to file the petition. It was filed inadvertently. . . . At the time of the inadvertent filing, Debtor had not completed a credit counseling briefing pursuant to 11 U.S.C. § 109(h). The debtor requests that the case be treated as void ab initio. As the chapter 13 trustee points out in opposing the motion, the filing: by an admittedly ineligible debtor triggers the automatic stay which is still in effect until the case is dismissed and if applicable, is relevant to § 362(c)(3) stay termination issues and § 362(c)(4) stay imposition issues. In re Hawkins, 340 B.R. 642 (Bankr. D.D.C. 2006). Accordingly, § 109(h) requires dismissal of the case, but not as The document below is hereby signed. Signed: January 17, 2010. _____________________________ S. Martin Teel, Jr. United States Bankruptcy Judge Case 10-00014 Doc 20 Filed 01/20/10 Entered 01/20/10 12:24:45 Desc Main Document Page 1 of 2
2 O:\TEEL\Judge Temp Docs\Ramsey (Eva) - Mem Decsn & Order Dismissing Case But Not as Void Ab Initio.wpd void ab initio. It is thus ORDERED that the Debtor’s Motion to Render Chapter 13 Filing as Void Ab Initio (Dkt. No. 10) is DENIED. It is further ORDERED that this case is dismissed without prejudice, but the court retains jurisdiction over the trustee’s motion to disgorge fees. [Signed and dated above.] Copies to: All entities on BNC mailing list. Case 10-00014 Doc 20 Filed 01/20/10 Entered 01/20/10 12:24:45 Desc Main Document Page 2 of 2
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