Masood Kureshi

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: :
:
MASOOD KURESHI : Case No. 06-16298PM
: Chapter 7
Debtor :
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MEMORANDUM OF DECISION
The Debtor filed a Motion to dismiss this bankruptcy case under Chapter 7. As pointed
out in such cases as In re Banks, 35 B.R. 59 (BC Md. 1983), and In re Pagnotta, 22 B.R. 521
(BC Md. 1982), a Chapter 7 proceeding, unlike a case filed under Chapter 13, does not provide a
revolving door in and out of the Bankruptcy Court. See Penick v. Tice, 732 F.2d 1121 (CA4
1984); In re Turpen, 244 B.R. 431 (BAP-8 2000).
The filing of a bankruptcy case under Chapter 7 triggers the automatic stay of 11 U.S.C.
§ 362(a). Very often, unsecured creditors, upon receiving notice of the filing of a bankruptcy
case, close their file. In the instant case, because of the confusing nature of Debtor’s Statement
of Intent, the apparent existence of substantial equity to provide a dividend to unsecured
creditors, the court is hesitant to grant the Motion, even considering the absence of opposition
from the Interim Trustee. The court will therefore deny the Motion without prejudice to renewal
following either the filing of a consent to the Motion by the Chapter 7 Trustee or the completion
of a Meeting of Creditors held pursuant to § 341 if the Bankruptcy Code.
cc:
Masood Kureshi, P.O. Box 2334, Germantown, MD 20875
Roger Schlossberg, Trustee, 134 West Washington St., P.O. Box 4227, Hagerstown, MD 21741
End of Memorandum
Date signed February 01, 2007
Entered: February 01, 2007 Case 06-16298 Doc 29 Filed 02/01/07 Page 1 of 1