Aaron Mouton

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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Memorandum re: Motion to Vacate Dismissal and Reopen Case
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	Case No. 09-71245 EDJ
Chapter 13
AARON MOUTON,
Debtor./
MEMORANDUM RE: MOTION TO VACATE DISMISSAL AND REOPEN CASE
On December 17, 2009, the above-captioned case was dismissed
for failure of Aaron Mouton, the above-named debtor (the “debtor”)
to comply with this court’s November 25, 2009 order to file required
documents.
On January 12, 2010, the debtor’s request for an extension of
time in which to file the required documents was denied because the
debtor filed a certificate of credit counseling dated more than 180
days prior to the petition date, and was therefore not in compliance
with the pre-filing credit counseling requirement of Bankruptcy Code
§ 109(h), and was not eligible to be a debtor under the Bankruptcy
Code. 	See Order Denying Request for Extension of Time, docket #24.
Signed: February 05, 2010

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
February 08, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 09-71245 Doc# 28 Filed: 02/05/10 Entered: 02/08/10 15:44:40 Page 1 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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2	Memorandum re: Motion to Vacate Dismissal and Reopen Case
On January 29, 2010, debtor filed a motion to vacate the
court’s December 17, 2009 order of dismissal and reopen his chapter
13 case. 	Unfortunately, because the debtor was ineligible to be a
debtor at the time this case was filed, no grounds exist on which to
reopen the case.
Based on the foregoing, the court will issue its order denying
the debtor’s motion to vacate dismissal and reopen case.
END OF MEMORANDUM
Case: 09-71245 Doc# 28 Filed: 02/05/10 Entered: 02/08/10 15:44:40 Page 2 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
1
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3	Memorandum re: Motion to Vacate Dismissal and Reopen Case
COURT SERVICE LIST
ALL RECIPIENTS
Case: 09-71245 Doc# 28 Filed: 02/05/10 Entered: 02/08/10 15:44:40 Page 3 of 3