Case No. 08-62565.United States Bankruptcy Court, E.D. Michigan, Southern Division.
August 29, 2011
ORDER DISMISSING CASE
THOMAS TUCKER, Bankruptcy Judge
On June 29, 2011, Debtor’s attorney of record filed a motion for hardship discharge under 11 U.S.C. § 1328(b) (Docket # 40, the “Motion”). The Motion sought a hardship discharge due to the death of the Debtor on August 28, 2010. On August 1, 2011, the Court entered an order entitled “Order Denying, Without Prejudice, Motion for Hardship Discharge.” The Order provided, in relevant part:
IT IS ORDERED that the Motion (Docket # 40), is denied, without prejudice to the right of a duly appointed personal representative of the deceased Debtor to file a motion for hardship discharge under 11 U.S.C. § 1328(b). But any such motion must be filed no later than August 22, 2011, or the Court will dismiss this Chapter 13 case under Fed.R.Bankr.P. 1016, without further notice or hearing.
No duly appointed personal representative of the deceased Debtor filed a motion for hardship discharge by the August 22, 2011 deadline, and to date, no such motion has been filed. In addition, the Court notes that on August 19, 2011, the deceased Debtor’s attorney of record and the Chapter 13 Trustee filed a stipulation withdrawing the Debtor’s objection to the Trustee’s motion to dismiss this case (Docket ## 34, 35, 45).
Accordingly,
IT IS ORDERED that this bankruptcy case is dismissed under Fed.R.Bankr.P. 1016, because the Debtor is deceased.
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Signed on August 27, 2011
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