Opinion
Case No. 08-00406.
July 30, 2008
MEMORANDUM DECISION
The debtor has filed a paper (Docket Entry ("DE") No. 28, filed July 18, 2008) that the court will treat as a motion to vacate the order of dismissal entered in this case (DE No. 25, entered July 16, 2008). The debtor has not served the paper on the Chapter 13 Trustee. Moreover, the motion does not dispute the critical facts that were alleged in the Chapter 13 Trustee's motion to dismiss: that the filing of this case was barred by 11 U.S.C. § 109(g) and this court's Order of Dismissal with Prejudice entered on April 16, 2008, in the debtor's prior undisclosed Chapter 13 Case No. 08-00106. This case having been barred by the dismissal with prejudice of the prior case, it was appropriate to dismiss this case with prejudice as well.
An order follows denying the debtor's motion.
The decision below is signed as a decision of the court.