Opinion
Case No. 05-12655-B7.
November 27, 2006
ORDER ON DEBTOR'S MOTION TO VACATE
The facts of this matter are set out in the Court's Order entered September 20, 2006, and will not be repeated here. Counsel for debtor has submitted a supplemental pleading focused in part on Rule 60 and the applicable test to vacate an order of dismissal. The trustee in this case has not opposed debtor's request that the dismissal be vacated and the case restored to the active calendar with a rescheduled meeting of creditors pursuant to 11 U.S.C. § 341(a).
While the Court believes the instant case presents a very close call, under all the circumstances the Court is loathe to visit on the debtor the consequences of his attorney's conduct.
Accordingly, the Order of Dismissal shall be, and hereby is, vacated. Notice shall be given to all creditors that the dismissal is vacated, and of a new date set for a meeting of creditors.
IT IS SO ORDERED.