THOMAS TUCKER, Bankruptcy Judge
This case comes before the Court on Debtor's "Motion to Reinstate Chapter 7 Bankruptcy Case," filed on December 1, 2008 (Docket # 16), which this Court construes as a motion for reconsideration of the November 7, 2008 Order dismissing this case (Docket # 10), and
The Court having reviewed and considered the Motion, and
The Court finds the Motion fails to demonstrate a palpable defect by which the Court and the parties have been misled, and that a different disposition of the case must result from a correction thereof. See Local Rule 9024-1(a)(3).
In addition, the Court concludes that the allegations in the Motion do not establish excusable neglect under Fed.R.Civ.P. 60(b)(1), FedR.Bankr.P. 9024, or any other valid ground for relief from the order dismissing this case.
The Court notes that in addition to Debtor's failure to file the Bankruptcy Cover Sheet by the November 6, 2008 deadline (it was not filed until December 1, 2008, more than three weeks after the case was dismissed,) Debtor did not timely file the Schedules, Statement of Financial Affairs, and other required documents by the November 12, 2008 deadline. Rather, these documents were not filed until December 1, 2008, more than three weeks after the case was dismissed. Further, it appears from the Court's docket and from Debtor's Motion that Debtor has still not filed the required credit counseling certificate. That document was due to be filed no later than November 12, 2008. Thus, the Court cannot tell whether Debtor was even eligible to be a debtor in this case, under 11 U.S.C. § 109(h)(1).
The Court notes further that this is the second case filed by this Debtor and this Debtor's attorney which was dismissed for similar reasons. (The first case was Case No. 08-54788, dismissed on July 7, 2008.) In both of these cases, Debtor's attorney filed a motion for reconsideration of the dismissal, each time alleging vaguely that one or more required documents were not timely filed due to a computer problem. (Compare Docket # 16 in this case, at ¶ 4 ("computer glitch") with Docket # 12 in Case No. 08-54788 at ¶ 4 ("computer error")).
Debtor's tardy Bankruptcy Petition Cover Sheet filed in this case on December 1, 2008 (Docket #17) was not only late; it was false — it failed to disclose Debtor's first case.
NOW, THEREFORE,
IT IS ORDERED that the Motion should be, and is, DENIED.