Ricardo Andres Bopp and Daniela Ivonne Bopp

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
RICARDO ANDRES BOPP and
DANIELA IVONNE BOPP,
Debtors.
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Case No. 10-00121
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND INTERIM
ORDER RE MOTION TO VACATE DISMISSAL ORDER OR
TO MAKE THE DISMISSAL A DISMISSAL WITHOUT PREJUDICE
By an order entered on April 20, 2010, the court dismissed
this case with prejudice for 180 days. 	On June 2, 2010, the
debtors filed a motion to vacate the order of dismissal or
alternatively to amend the order of dismissal to make the
dismissal one without prejudice. 	The chapter 13 trustee has
opposed the motion. 	I will deny the motion with respect to the
request to vacate the dismissal of the case, but I will further
evaluate the request to amend the order of dismissal to make the
dismissal one without prejudice.
I
The motion has not been served on affected creditors with
notice of an opportunity to oppose the motion. 	The debtors filed
The document below is hereby signed.
Signed: June 07, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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a sheet of paper that the clerk treated as intended to be a
mailing matrix. 	It was a sheet of paper, without any coversheet
signed by the debtors, listing Capital One. 	The debtors never
filed a mailing matrix coversheet verifying the accuracy of the
mailing matrix as including all entities required to be listed
under Fed. R. Bankr. P. 1007(a)(1) and 1008. 	Even at this late
date the debtors have not bothered to correct this glaring
deficiency even though they were notified of the deficiency at
the outset of the case. 	In a new chapter 11 case, Case No. 10-
00527, filed by the debtors in this court despite the bar against
re-filing, the debtors have listed five additional creditors.
There appear to be creditors who never received notice of this
case. 	Before the court would hold an evidentiary hearing on the
debtor’s motion, it would be necessary for the debtors to file a
complete and accurate mailing matrix and list of creditors, and
to give notice to creditors of the opportunity to oppose the
motion.
II
On the merits, the motion must be denied, without the
necessity of an evidentiary hearing, as to the request to vacate
the dismissal, and I reserve for later determination whether the
same is true with respect to the alternative request for
amendment of the order to make the dismissal without prejudice.
The request to vacate the dismissal order must be denied
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because of the automatic dismissal provisions of 11 U.S.C.
§ 521(i) which the trustee noted in her motion to dismiss would
mandate dismissal once the debtors failed by the 45th day after
the commencement of the case to file the documents required by 11
U.S.C. § 521(a). 	The case was commenced on February 9, 2009, and
became subject to automatic dismissal under § 521(i) when the
debtors had still failed 45 days after the commencement of the
case, or on March 26, 2010, to file documents required by
§ 521(a). 	The case must remain dismissed pursuant to the
trustee’s invocation of § 521(i).
III
In accordance with the foregoing, it is
ORDERED that the debtors’ motion is denied to the extent
that it seeks to vacate the order of dismissal. 	It is further
ORDERED that with respect to the motion’s request that the
order be amended to make the dismissal one without prejudice, a
hearing will be held on July 16, 2010, at 11:00 a.m. unless the
motion is denied on the merits beforehand or denied because the
debtors fail to comply with the next paragraph of this order. 	It
is further
ORDERED that by June 25, 2010, the debtors shall file:
(1) a verified mailing matrix and list of entities
required to be listed under Fed. R. Bankr. P. 1007(a)(1),
utilizing for any creditor who has filed a proof of claim
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the address for notices listed on the proof of claim;
(2) a notice to such entities, sending them a copy of
the notice of the commencement of the case and a copy of the
debtors’ motion, and notifying them that:
(a) the debtors commenced a bankruptcy case, as
reflected by the notice of the commencement of the
case, on February 9, 2009, but the case has been
dismissed with prejudice for 180 days pursuant to an
order entered on April 20, 2010;
(b) on June 2, 2010, the debtors filed a
motion (a copy of which is included with the
notice) to vacate the dismissal order or,
alternatively, to amend the dismissal order
to make the dismissal order one without
prejudice;
(c) the court has denied the motion insofar as it
seeks to vacate the dismissal order but the court has
not yet ruled on the motion to amend the order to make
the dismissal one without prejudice;
(d) unless the court denies the motion to amend
beforehand, a hearing will be held on July 16, 2010, at
11:00 a.m. on that motion to amend the dismissal order
to make the dismissal one without prejudice; and
(e) creditors may file an opposition to the motion
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before the hearing or may appear at the hearing to
oppose the motion; and
(3) a certificate of mailing of the notice and of
copies of the notice of the commencement of the case and of
the debtors’ motion.
It is further
ORDERED that if the debtors fail to comply with the
preceding paragraph, the court will deny the debtors’ motion
(insofar as it seeks to amend the dismissal order).
[Signed and dated above.]
Copies to: Debtors [by manual mailing as well as by BNC];
Debtors’ attorney; Chapter 13 Trustee; Martha Davis, Esq., Office
of United States Trustee; all entities on BNC mailing list.
5	O:\TEEL\Judge Temp Docs\Bopp (Ricardo) Mem Decsn (Partial) re Ch 13 Case - Denying Vacating of Dsmsl.wpd
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