Opinion
MEMORANDUM RE: MOTION TO VACATE DISMISSAL AND REOPEN CASE
EDWARD D. JELLEN, Bankruptcy Judge
On December 17, 2009, the above-captioned case was dismissed for failure of Aaron Mouton, the above-named debtor (the "debtor") to comply with this court's November 25, 2009 order to file required documents.
On January 12, 2010, the debtor's request for an extension of time in which to file the required documents was denied because the debtor filed a certificate of credit counseling dated more than 180 days prior to the petition date, and was therefore not in compliance with the pre-filing credit counseling requirement of Bankruptcy Code § 109(h), and was not eligible to be a debtor under the Bankruptcy Code. See Order Denying Request for Extension of Time, docket #24.
On January 29, 2010, debtor filed a motion to vacate the court's December 17, 2009 order of dismissal and reopen his chapter 13 case. Unfortunately, because the debtor was ineligible to be a debtor at the time this case was filed, no grounds exist on which to reopen the case.
Based on the foregoing, the court will issue its order denying the debtor's motion to vacate dismissal and reopen case.