Ricardo A 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. 10-00527
(Chapter 11)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE MOTION TO VACATE DISMISSAL ORDER
The court dismissed the debtors’ prior case under chapter 13
of the Bankruptcy Code with prejudice for 180 days. 	Before that
180 days elapsed, the debtors filed a petition commencing this
case under chapter 11 of the Bankruptcy Code. 	The court sua
sponte dismissed this case. 	The debtors have now filed a motion
to vacate the dismissal order because of a pending motion, in the
previous chapter 13 case, seeking to make the dismissal of that
case a dismissal without prejudice.
The motion to vacate the dismissal order in this chapter 11
case was not served on affected creditors with notice of an
opportunity to oppose the motion. 	That alone would warrant
The document below is hereby signed.
Signed: June 05, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 10-00527 Doc 11 Filed 06/07/10 Entered 06/07/10 10:33:55 Desc Main
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denial of the motion. 1
More importantly, the motion is without merit. 	This case
was commenced in the face of an order that barred the
commencement of the case. 	Unless and until the order in the
prior bankruptcy case is amended to make the dismissal of that
case a dismissal without prejudice, the debtors are barred from
filing a bankruptcy case during the 180-day period after entry of
the order dismissing that prior case. 	A debtor is not free to
disregard a court’s command that the debtor is barred from filing
a new case. 	There having been no basis upon which this case
could properly be filed, the debtors’ motion to vacate the
dismissal order will be denied.
An order follows.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Office of United States
Trustee.
1 	The debtors additionally have failed to file a Form B21,
Statement of Social Security Number, even after notice was sent
to them that failure to file the statement would result in a
dismissal of the case.
2	O:\TEEL\Judge Temp Docs\Bopp (Ricardo) Order Denying Motion to Vacate Dismissal.wpd
Case 10-00527 Doc 11 Filed 06/07/10 Entered 06/07/10 10:33:55 Desc Main
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