Michael Oliver Vanderpool and Shelia Faye Vanderpool

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
WILSON DIVISION
IN RE:
MICHAEL OLIVER VANDERPOOL
SHELIA FAYE VANDERPOOL
DEBTORS
CASE NO.
06-03991-8-RDD
ORDER DISMISSING MOTION WITHOUT PREJUDICE
This matter is before the court on the Bankruptcy Administrator’s motion to set aside the
confirmation order entered in this case. A hearing was held in Wilson, North Carolina on June 13,
2007.
Michael Oliver Vanderpool and Shelia Faye Vanderpool filed a petition for relief pursuant
to chapter 13 of the Bankruptcy Code on December 6, 2006. 	The debtors’ case was randomly
audited by the Bankruptcy Administrator’s office, and based upon the findings of the auditor, the
Bankruptcy Administrator’s office moves to have the confirmation order entered in this case on
February 21, 2007 set aside.
Bankruptcy Rule 7001(5) requires “a proceeding to revoke an order of confirmation of a
chapter 11, chapter 12, or chapter 13 plan” to be filed as an adversary proceeding. Because this
SO ORDERED.
SIGNED this 13 day of June, 2007.
________________________________________
Randy D. Doub
United States Bankruptcy Judge
____________________________________________________________
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matter needs to be filed as an adversary proceeding instead of as a motion, the Bankruptcy
Administrator’s 	motion 	is 	DISMISSED 	WITHOUT 	PREJUDICE, 	and 	the 	Bankruptcy
Administrator may proceed with the filing of an adversary proceeding pursuant to Bankruptcy Rule
7001(5).
SO ORDERED.
END OF DOCUMENT
Case 06-03991-8-RDD Doc 29 Filed 06/13/07 Entered 06/13/07 15:40:54 Page 2 of 2