Case No. 07-00013.United States Bankruptcy Court, D. Columbia.
February 3, 2007
MEMORANDUM DECISION REGARDING DISMISSAL OF CASE
MARTIN TEEL JR., Bankruptcy Judge
On January 17, 2007, the court entered an order requiring the debtor to show cause why this case ought not be dismissed for failure of the debtor to have filed a motion for waiver of the requirement of the counseling required by 11 U.S.C. § 109(h). The debtor has not responded to that motion, and, accordingly, the court will dismiss the case. After the deadline for the debtor to respond to the order to show cause had passed, the debtor apparently failed to appear at the meeting of creditors under 11 U.S.C. § 341. That prompted the trustee to file a motion to dismiss the case with prejudice (and to enlarge the time to object to discharge). Because the debtor apparently acquiesced in the dismissal of the case under § 109(h), which ordinarily doe not mean a dismissal with
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prejudice, it is understandable that she did not appear at the meeting of creditors: if the case had to be dismissed under § 109(h) it made no sense for her to appear at the meeting of creditors. Dismissal with prejudice is thus not warranted.[1] An order follows.
The Memorandum Decision below is hereby signed.