Charles Jerome Waterfield

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WILSON DIVISION
IN RE:
CHARLES JEROME WATERFIELD,
Debtor. 	Case No. 08-08901-8-JRL
Chapter 7
______________________________________________________________________________
ORDER
This matter is before the court on the Chapter 7 Trustee’s motion to dismiss. The debtor
filed his Chapter 7 petition on December 11, 2008. The debtor filed a previous Chapter 7 petition
(Case No. 04-01730, Eastern District of North Carolina) on March 3, 2004 and received a discharge
on June 9, 2004. On January 29, 2009, the Trustee filed a motion to dismiss the debtor’s pending
case based on the debtor’s ineligibility for discharge under § 727(a)(8). The debtor did not appear
at the 341 meeting of creditors on February 19, 2009 and failed to respond to the Trustee’s motion
to dismiss.
A Chapter 7 debtor is ineligible to receive a discharge if the debtor previously received a
discharge in a case commenced within 8 years prior to the date of the petition. 	11 U.S.C. §
727(a)(8). The Bankruptcy Code further provides that the court, after notice and a hearing, may
SO ORDERED.
SIGNED this 10 day of March, 2009.
________________________________________
J. Rich Leonard
United States Bankruptcy Judge
____________________________________________________________
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dismiss a Chapter 7 case for cause. Id. § 707(a). Cause for dismissal exists where the debtor is
precluded from receiving a discharge in a pending case under § 727(a)(8). See In re Fry, No. 04-
16887, slip op. at 4, 2008 WL 4682266 (Bankr. D. Kan. Oct. 14, 2008) (citing In re Blanchette, 54
B.R. 890, 892 (Bankr. D.R.I. 1985). Here, the debtor filed his Chapter 7 petition during the period
in which discharge is precluded. 	The court finds that cause exists to warrant dismissal of the
pending case.
Based on the foregoing, the motion to dismiss is ALLOWED.
“END OF DOCUMENT”
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