Brian Deason

1 No other party in interest to the debtor’s case has filed
an objection to dismissal of the case.
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
BRIAN DEASON,
Debtor.
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Case No. 05-02341
(Chapter 7)
OPINION REGARDING DEBTOR’S OBJECTION TO DISMISSAL OF CASE
On December 2, 2005, the court entered its Order Giving
Notice of Opportunity to Object to Dismissal (D.E. No. 20), in
which it gave notice to all parties in interest in the debtor’s
case that the court would dismiss the case with prejudice within
20 days of entry of the order due to the debtor’s failure to file
his Schedules A-J and Statement of Financial Affairs as required
by Fed. R. Bankr. P. 1007 and Local Bankruptcy Rule 1007-1 unless
the court granted a timely filed objection to dismissal. The
debtor filed an untitled objection to dismissal of his case on
December 26, 2005 (D.E. No. 22)--four days after the deadline for
any objections to dismissal of the debtor’s case.1 Accordingly,
The opinion below is hereby signed. Dated: January
5, 2006.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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2
the court need not consider the substance of the debtor’s
objection because it was not filed within the time frame set
forth in the court’s prior order and Fed. R. Bankr. P.
2002(a)(4).
Even if the court were to consider the objection on its
merits, the court would still dismiss the debtor’s case. The
debtor claims that his schedules and Statement of Financial
Affairs “w[ere] filed shortly after the original [v]oluntary
[p]etition was filed on October 17, 2005” (D.E. No. 22 at 1), but
the court’s docket reflects no such filing. Moreover, while the
debtor claims to have been unaware of the need to file the
missing items because he was out of the District of Columbia from
November 29, 2005 until December 27, 2005, the initial order from
the court directing the debtor to file his schedules and
Statement of Financial Affairs (D.E. No. 7) was entered on
October 25, 2005 (over a month before the debtor left the area),
and a separate order to show cause concerning the same items
(D.E. No. 16) was entered on November 8, 2005. Finally, although
the debtor states in his objection that he could file the missing
items by December 28, 2005 (D.E. No. 22 at 2), these items are
still absent from the court’s docket as of this date.
In sum, the debtor’s arguments in objection to dismissal of
his case are untimely and unpersuasive, and the debtor has not
yet complied with the multiple orders entered by the court
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directing the debtor to file his Schedules A-J and Statement of
Financial Affairs as required by the Federal Rules of Bankruptcy
Procedure and this court’s local rules. For these reasons, the
court will overrule the debtor’s objection and enter a separate
order dismissing the debtor’s case with prejudice to the filing
of a bankruptcy case by the debtor for a period of 180 days
pursuant to 11 U.S.C. § 109(g).
Separate orders follow.
[Signed and dated above.]
Copies to: Debtor; chapter 7 trustee
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