Filed: Mar. 06, 2012
Latest Update: Mar. 06, 2012
Summary: DISMISSAL ORDER AND AWARD OF ATTORNEYS FEES MARGARET H. MURPHY, Bankruptcy Judge. Hearing was held February 29, 2012, on the Motion to Dismiss Bankruptcy Case With Prejudice and Motion For Sanctions filed by Hilswepow, LLC (Doc. No. 11) (the "Sanctions Motion"), together with Debtor's Request to Dismiss Case (Doc. No. 18). 1 Present at the hearing were counsel for Movant, Debtor and attorney for Debtor. The documentary evidence, testimony of witnesses, the record in this case, and argumen
Summary: DISMISSAL ORDER AND AWARD OF ATTORNEYS FEES MARGARET H. MURPHY, Bankruptcy Judge. Hearing was held February 29, 2012, on the Motion to Dismiss Bankruptcy Case With Prejudice and Motion For Sanctions filed by Hilswepow, LLC (Doc. No. 11) (the "Sanctions Motion"), together with Debtor's Request to Dismiss Case (Doc. No. 18). 1 Present at the hearing were counsel for Movant, Debtor and attorney for Debtor. The documentary evidence, testimony of witnesses, the record in this case, and argument..
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DISMISSAL ORDER AND AWARD OF ATTORNEYS FEES
MARGARET H. MURPHY, Bankruptcy Judge.
Hearing was held February 29, 2012, on the Motion to Dismiss Bankruptcy Case With Prejudice and Motion For Sanctions filed by Hilswepow, LLC (Doc. No. 11) (the "Sanctions Motion"), together with Debtor's Request to Dismiss Case (Doc. No. 18).1 Present at the hearing were counsel for Movant, Debtor and attorney for Debtor. The documentary evidence, testimony of witnesses, the record in this case, and argument of counsel show the following:
Debtor has filed four previous individual bankruptcy cases in this District: Chapter 7 Case No. 06-95040-JEM, Chapter 7 Case No. 07-74800-JEM, Chapter 13 Case No. 10-87519-MHM, and Chapter 7 Case No. 11-67994-MHM. Debtor received a discharge in Chapter 7 Case No. 06-95040-JEM, but in the other prior cases, Debtor failed to file schedules, statements of financial affairs, and other documents required by law,2 and failed to attend meetings of creditors. Debtor made material misrepresentations and omitted material information in filed documents signed under penalty of perjury in this bankruptcy case and in previous cases. The instant case and Chapter 7 Case No. 11-67994-MHM were commenced when Debtor filed his voluntary petitions pro se on the eve of dispossessory hearings scheduled in the Magistrate Court of Cobb County to delay the issuance of writs of possession to Movant. Under 11 U.S.C. §727(a)(8), because Debtor received a discharge in Chapter 7 Case No. 06-95040-JEM, Debtor is ineligible to receive a Chapter 7 discharge in the instant case. The facts presented at the hearing also show Debtor is not capable of complying with the provisions of Chapter 13 of the Bankruptcy Code, as his income is insufficient; hence, no purpose would be served by converting the case to pursue a futile Chapter 13 Plan.
Debtor's conduct of filing serial bankruptcy petitions in which he could not receive a discharge on the eve of dispossessory proceedings, together with his failure to perform his duties under §521 and §341, support a conclusion that those cases and the instant case were filed in bad faith for an improper purpose: to cause unnecessary delay and to needlessly increase the cost of litigation; accordingly, it is hereby
ORDERED that this Chapter 7 is dismissed: Debtor is prohibited from filing a voluntary petition for relief under any chapter of the Bankruptcy Code, 11 U.S.C. §101, et seq., for a period of nine months from the date of entry of the Order. It is further
ORDERED that, within 14 days of the date of entry of this order, Debtor shall pay Movant the sum of $3,623.91 for costs and attorneys fees incurred by Movant in this Case.
IT IS SO ORDERED.
