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Not for Publication in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 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. 	Forty-three days later,
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 court has already
denied the request to vacate the order of dismissal.
As to the request to make the dismissal one without
prejudice, the court noted that in another case Ricardo Andres
Bopp had acknowledged the existence of other creditors.
Accordingly, in an order entered on June 8, 2010, the court
directed the debtors by June 25, 2010, to file an amended list of
creditors and mailing matrix, and to give to the added creditors
notice of the pendency of this case, and indicated that the the
The document below is hereby signed.
Signed: June 30, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 10-00121 Doc 57 Filed 07/01/10 Entered 07/01/10 12:31:22 Desc Main
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motion’s request to make the dismissal of the case without
prejudice would be denied if the debtors did not comply with that
directive. 	Despite the passage of 22 days after entry of the
order on June 8, 2010, the debtors have still failed to comply
with the directive. 	Accordingly, the request to make the
dismissal one without prejudice will be denied.
The chapter 13 trustee’s unopposed motion asserted that
“Daniela I. Bopp, has failed to appear and submit to an
examination under oath at the rescheduled § 341 Meeting of
Creditors on March 15, 2010, as required by 11 U.S.C. § 343.”
The debtors’ motion utterly fails to address that ground for
dismissal with prejudice, and, as to Daniela I. Bopp, that is an
additional ground to deny the motion without the necessity of a
hearing.
An order follows.
[Signed and dated above.]
Copies to: Debtors; Debtors’ attorney; Chapter 13 Trustee; Martha
Davis, Esq., Office of United States Trustee.
2	O:\TEEL\Judge Temp Docs\Bopp (Ricardo) Mem Decsn re Ch 13 Case - Request to Make Dsmssl Without Prej.wpd
Case 10-00121 Doc 57 Filed 07/01/10 Entered 07/01/10 12:31:22 Desc Main
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