Summary
finding waiver appropriate where a debtor's failure to complete the financial management course was due to being called to active military service
Summary of this case from In re RobinsonOpinion
Case No. 6:10-bk-03536-ABB
04-30-2012
In re: PATRIZA DETERVILLE, Debtor.
ORDER
This matter came before the Court on the Motion to Reopen Chapter 7 Case (Doc. No. 14) filed by the pro se Debtor Patriza Deterville seeking to reopen this case. The Motion is due to be granted.
The Debtor filed this case on March 5, 2010. No objections to the Debtor's discharge were filed pursuant to 11 U.S.C. Section 727 or motions to dismiss pursuant to 11 U.S.C. Section 707. The Trustee declared this case a no asset case. The case was dismissed and closed without a Chapter 7 discharge on February 18, 2011 pursuant to 11 U.S.C. Section 727(a)(11) due to the Debtor's failure to complete a post-petition financial management course pursuant to 11 U.S.C. Section 111.
The Debtor could not timely complete the post-petition financial management course because she was called into active duty with the United States Army. She completed the post-petition financial management course on March 23, 2012 (Doc. No. 15). Cause exists to reopen the Debtor's case pursuant to 11 U.S.C. Section 350(b) and for the entry of a Chapter 7 discharge pursuant to 11 U.S.C. Section 727. The Debtor's request the case reopening fee be waived is due to be granted.
Accordingly, it is
ORDERED, ADJUDGED and DECREED that the Debtor's Motion to Reopen (Doc. No. 14) is hereby GRANTED and the above-captioned case is hereby REOPENED pursuant to 11 U.S.C. Section 350(b); and it is further
ORDERED, ADJUDGED and DECREED that the Debtor's request the case reopening fee be waived is hereby GRANTED and the reopening fee is hereby WAIVED; and it is further
ORDERED, ADJUDGED and DECREED that the Clerk of Court shall enter a Chapter 7 discharge in this case pursuant to 11 U.S.C. Section 727.
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ARTHUR B. BRISKMAN
United States Bankruptcy Judge