Opinion
Case No. 05-60131.
September 7, 2005
ORDER OF DISMISSAL WITH PREJUDICE
The matter is before the Court on the unopposed Motion filed by the United States of America, on behalf of the Internal Revenue Service ("IRS"), to Dismiss this Chapter 11 Bankruptcy Case with Prejudice (Doc. #12). The matter was set for hearing on August 22, 2005, at which time Debtor's principal, Kevin Dennis, through Debtor's attorney of record, requested further time to advise the Court of Debtor's ability to continue in business, and to submit a plan of reorganization. The Court set a deadline of September 1, 2005 for Debtor to submit a written response to the IRS Motion, with evidence of Debtor's continued viability, or the case would be dismissed with prejudice. No such response was filed by or on behalf of Debtor.
For the reasons set forth in the Motion to Dismiss, and as indicated on the record at the August 22, 2005 hearing, it is hereby
ORDERED that this case is DISMISSED WITH PREJUDICE; and
IT IS FURTHER ORDERED that pursuant to 11 U.S.C. § 105(a), no further bankruptcy filings shall be made by or on behalf of the Debtor herein within three (3) years from the date this Order is entered; and
IT IS FURTHER ORDERED that Debtor shall cease conducting all business operations immediately, and shall fully cooperate with the IRS in its efforts to collect accounts receivable, and in the liquidation of any other assets held by or on behalf of Debtor subject to the Federal Tax Liens filed in favor of the IRS, or otherwise subject to levy by the IRS in order to satisfy the federal tax liabilities owed by Debtor; and
IT IS FURTHER ORDERED that Debtor shall complete and file all necessary Federal Tax Returns and any other filings required in order to properly conclude the affairs of the corporation; and
IT IS FURTHER ORDERED that the continued hearing date of September 8, 2005 at 10:00 a.m., on the IRS Motion to Dismiss, is hereby vacated.