Usbc Edtx Chapter 7 Dismissal With Prejudice

EOD IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION IN RE: ROBERT MICHAEL DAVIDSON and VANESSA E. KOMAR

Debtors

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10/18/2005

Case No. 05-62258

Chapter 7

ORDER GRANTING DEBTORS' MOTION TO DISMISS CHAPTER 7 CASE WITH PREJUDICE ON THIS DATE this Court considered the "Motion of Debtors for Dismissal with Prejudice to Re-Filing of Case Pursuant to Fed. R. Bankr. P 1017" (the "Debtors' Motion") filed by the Debtors, Robert Michael Davidson and Vanessa E. Komar, on October 13, 2005, wherein the Debtors are seeking a voluntary dismissal of their Chapter 7 case under §707(a) of the Bankruptcy Code "with prejudice to re-file a petition at any time." Though the motion contained negative notice language, the Court finds it appropriate to grant the motion prior to the conclusion of the suspense period because no purpose is served by such delay. As expressed by their objection to the Court's 8-day dismissal notice for lack of a matrix, it could be anticipated that the Debtors' Motion could draw an objection by the Debtors' judgment creditors, Jay and Eudice Grossman. However, the judgment creditors have no right to demand retention of this case in bankruptcy, particularly when any opportunity for abuse through repetitive filings will be precluded by the Debtors' own request for a dismissal with prejudice. There is nothing unjust or inequitable about forcing creditors to utilize state law remedies to collect debts

owed to them. Accordingly, because the Debtors have requested a dismissal with prejudice, the Court finds that just cause exists for the entry of the following order pursuant to 11 U.S.C. §§349(a). IT IS THEREFORE ORDERED that the Debtors' Motion is GRANTED and that the above-referenced Chapter 7 case is DISMISSED WITH PREJUDICE to the right of either Debtor, Robert Michael Davidson or Vanessa Elaine Komar, to seek, in any subsequent case under Title 11, a discharge of any debt held by creditors noticed in this proceeding through the Debtors' mailing matrix, as listed on “Exhibit A” attached to this order.

Signed on 10/18/2005

THE HONORABLE BILL PARKER CHIEF UNITED STATES BANKRUPTCY JUDGE

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