IN RE SWEAT (Bankr.E.D.Mich. 5-15-2008)

In re: HERBERT THOMAS SWEAT, KAREN SUE SWEAT, Chapter 7, Debtors.

Case No. 06-55613-TJT.United States Bankruptcy Court, E.D. Michigan, Southern Division.
May 15, 2008

ORDER GRANTING UNITED STATES TRUSTEE’S MOTION TO DISMISS CHAPTER 7 CASE PURSUANT TO 11 U.S.C. § 707(b)(3)
THOMAS TUCKER, Bankruptcy Judge

THIS MATTER came before the Court upon the Motion of the United States Trustee for an order dismissing this case under the provisions of 11 U.S.C. § 707(b)(3). A hearing having been held on March 14, 2007 at which time the Debtors were given until March 28, 2007 to file a motion to convert. On March 28, 2008 the Debtors filed a Motion to Convert the case to Chapter 13. But Debtors’ motion was defective, because it was not accompanied by a 20-day notice of the motion or by a certificate of service indicating that the 20-day notice was served on the creditors.[1]
The Clerk gave notice of the defect on December 20, 2007, which included notice that if the defect was not corrected within eight days, the case may be dismissed (Docket # 18). The defect has never been corrected. Rather, as of May 15, 2008, the record is devoid of further filings indicating that the Debtors intend to pursue a Chapter 13. The Court being otherwise advised in the premises;

NOW, THEREFORE,
IT IS ORDERED that this case is DISMISSED.

[1] See the Court’s “Notice Regarding Debtor’s Conversion of Case from Chapter 7 to Chapter 11 or 13,” dated November 16, 2004, which is available on the Court’s website at http://www.mieb.uscourts.gov/ by selecting “More Notices Updates” (explaining that a motion to convert from Chapter 7 to Chapter 13 requires service of a 20-day notice).

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