Eva L Ramsey

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
EVA L. RAMSEY,
Debtor.
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Case No. 10-00014
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DISMISSING CASE AND DENYING
DEBTOR’S MOTION TO RENDER CHAPTER 13 FILING AS VOID AB INITIO
The debtor filed a petition commencing this case on January
7, 2010. 	On January 15, 2010, the debtor filed a motion
reciting:
The Debtor did not intend to file the petition. 	It was
filed inadvertently. . . . 	At the time of the
inadvertent filing, Debtor had not completed a credit
counseling briefing pursuant to 11 U.S.C. § 109(h).
The debtor requests that the case be treated as void ab initio.
As the chapter 13 trustee points out in opposing the motion, the
filing:
by an admittedly ineligible debtor triggers the automatic
stay which is still in effect until the case is dismissed
and if applicable, is relevant to § 362(c)(3) stay
termination issues and § 362(c)(4) stay imposition issues.
In re Hawkins, 340 B.R. 642 (Bankr. D.D.C. 2006).
Accordingly, § 109(h) requires dismissal of the case, but not as
The document below is hereby signed.
Signed: January 17, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 10-00014 Doc 20 Filed 01/20/10 Entered 01/20/10 12:24:45 Desc Main
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void ab initio. 	It is thus
ORDERED that the Debtor’s Motion to Render Chapter 13 Filing
as Void Ab Initio (Dkt. No. 10) is DENIED. 	It is further
ORDERED that this case is dismissed without prejudice, but
the court retains jurisdiction over the trustee’s motion to
disgorge fees.
[Signed and dated above.]
Copies to: All entities on BNC mailing list.
Case 10-00014 Doc 20 Filed 01/20/10 Entered 01/20/10 12:24:45 Desc Main
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