IN RE SCHMIDT

DALE SOMERS, Bankruptcy Judge

This matter came before the Court for hearing on August 4 and August 19, 2005, on two motions: (1) the Motion to Dismiss Debtors' Bankruptcy filed by creditors Gaylon Albright, Alan Combs as Executor of the Estate of Madeline L. Moore, Alan D. Combs, Craig S. Combs, Charles Linda Kannady, Stacy Brian Krenning, David Parnell, Melvin Parnell, Robert Sandusky, and Robert Betty Seibel (hereafter collectively Creditors); and (2) the Second Motion to Dismiss Debtors' Bankruptcy filed by the Creditors. Debtors, John Herman Schmidt and Patsy Lee Schmidt (collectively Debtors) appeared in person and by Jonathan C. Becker. The moving Creditors appeared by Richard Peterson-Klein of Fisher, Patterson, Sayler Smith, LLP. William H. Griffin, the Chapter 13 Trustee (Trustee) appeared in person. The United States Trustee, Mary May, appeared by William H. Griffin at the August 19, 2005 hearing.

The Court heard evidence and argument from counsel, considered the post hearing memoranda submitted by Debtors and Creditors, and announced its decision granting the motions to dismiss because the Debtors are not eligible for relief under Chapter 13.

This Court has jurisdiction over the parties and the subject matter of this matter pursuant to 28 U.S.C.A. §§ 157(a) and 1334(a) and (b), and the Standing Order of the United States District Court for the District of Kansas that exercised authority conferred by § 157(a) to refer to the District's bankruptcy judges all matters under the Bankruptcy Code and all proceedings arising under the Code or arising in or related to a case under the Code, effective July 10, 1984.

Following the close of the evidence, pursuant to Federal Rules of Bankruptcy Procedure 9014(c) and 7052 (which make Civil Rule 52 apply to this matter), the Court on January 4, 2006, filed its Memorandum Granting Creditors' Motions to Dismiss and Finding Creditors' Motion to Show Cause Moot, which memorandum states its Findings of Fact and Conclusions of Law in relation to the two motions to dismiss. Based upon the foregoing, including those Findings and Conclusions, and in accordance with Bankruptcy Rule 9021 and Civil Rule 58(a), judgment is hereby entered dismissing this proceeding for the Debtors' lack of eligibility for Chapter 13 relief as established by 11 U.S.C.A. 209(e).

IT IS SO ORDERED.