Cecelia A. Jerome

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
CECILIA A. JEROME,
Debtor.
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Case No. 09-00183
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE TRUSTEE’S PENDING MOTION TO DISMISS
This is a case in which the trustee has sought dismissal
with prejudice for 180 days based on denial of confirmation of
the debtor’s original plan and failure of the debtor to appear in
prosecution of her case.
On July 17, 2009, the court held a hearing on the motion to
dismiss and orally ruled that unless the debtor filed an amended
plan by August 7, 2009, the trustee’s motion to dismiss would be
granted. 	On July 27, 2009, the court entered an order,
consistent with its oral ruling, directing that unless the debtor
filed an amended plan by August 7, 2009, the trustee’s pending
motion to dismiss would be granted. 	The debtor failed to file an
amended plan by August 7, 2009, and it is thus appropriate to
grant the trustee’s motion to dismiss.
The document below is hereby signed.
Signed: September 02, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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In any event, the debtor has not filed an amended plan that
has a better chance of being confirmed than the original plan.
The original plan, which called for payments of $525 per month to
the Chapter 13 trustee, was unconfirmable because it did not call
for sufficient payments by the debtor to the Chapter 13 trustee
to pay the claims provided for by the plan. 	Like the original
plan, the amended plan belatedly filed by the debtor on August
13, 2009, proposes payments of $525 per month, but it is even
more unworkable because the amended plan provides that one of the
claims that under the original plan was, in part, to be paid
directly by the debtor is now to be paid in its entirety via
payments to the Chapter 13 trustee. 	Instead of filing an amended
plan which can be confirmed, the debtor has filed an amended plan
that is even more problematic than the original plan. 	Instead of
making things better, the debtor has made things worse.
A motion for relief from the automatic stay was filed in
this case, and the debtor would not be able to voluntarily
dismiss this case without the dismissal being one with prejudice
pursuant to 11 U.S.C. § 109(g)(2). 	A dismissal pursuant to the
trustee’s motion should be with prejudice as well: a debtor ought
not be allowed to obtain pursuant to a trustee’s motion to
dismiss that which the debtor would be unable to obtain if he
himself moved for dismissal.
An order follows granting the trustee’s motion to dismiss
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3	O:\TEEL\Judge Temp Docs\Jerome (Cecilia) Memorandum Decision re Motion to Dismiss.wpd
with prejudice for 180 days.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney (if any); Chapter 13
Trustee.
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