IN MATTER OF DOGGETT (Bankr.E.D.Mich. 7-25-2008)


IN THE MATTER OF: PATRICIA SUZANNE DOGGETT, CHAPTER 13, Debtor(s).

CASE NO. 04-74851-TJT — TJT.United States Bankruptcy Court, E.D. Michigan, Southern Division — Detroit.
July 25, 2008

ORDER OF DISMISSAL UPON AFFIDAVIT OF THE TRUSTEE
THOMAS TUCKER, Bankruptcy Judge

This matter came before the Court on a hearing on or about September 27, 2007, and the matter having been fully considered and certain requirements having been established, if not met, would result in the dismissal of the proceedings without a further hearing or notice to the debtor, upon the submission of an affidavit of the Chapter 13 Standing Trustee attesting to the failure to comply with the conditions established, and the affidavit of the Trustee having been submitted herewith, the Court being otherwise sufficient advised in the premises;[1]
IT IS ORDERED that the above proceedings shall be and are hereby ordered dismissed for the failure of the debtor to meet conditions as established in the records of this Honorable Court, as attested to by the affidavit of the Chapter 13 Standing Trustee.

IT IS FURTHER ORDERED that the clerk’s office shall immediately provide notice of the entry of this Order to all creditors listed in this case, the debtor, debtor’s attorney, if any, and the Trustee.

IT IS FURTHER ORDERED that Tammy L. Terry, Trustee, is discharged as Trustee and the Trustee and her surety is released from any and all liability on account of the within proceedings.

[1] The Debtor filed a proposed plan modification on June 29, 2008 (Docket # 93), but that was filed more than 30 days after service of the Trustee’s notice of default, which was filed on May 23, 2008 (Docket # 92). As a result, under the terms of the 30-day future default provision in the Order Resolving Trustee’s Motion to Dismiss (Docket # 86), this case must now be dismissed.