JEROME FELLER, Bankruptcy Judge
The New York City Housing Authority, having moved for an Order, pursuant to 11 U.S.C. § 105(a) and 11 U.S.C. § 1307(c), dismissing the Debtor's Chapter 13 Petition on the grounds, that, as a person for whom a guardian has been appointed by the Supreme Court of the State of New York under New York State Mental Health Law Art. 81, he lacks the capacity to file the Petition, and further that he has filed the Chapter 13 Petition in bad faith, and the New York City Housing Authority also having moved, in the alternative, for an Order, pursuant to 11 U.S.C. § 362(d)(1) (2), vacating or modifying the automatic stay; and the Trustee, Marianne DeRosa, Esq., having advised the Court, by letter dated March 18, 2005 addressed to the Housing Authority's counsel, that she supported the motion to dismiss; and, on April 13, 2005, James E. Bayley, Esq., of counsel, appearing in support thereof; and the Trustee, Marianne DeRosa, Esq., having appeared and having stated on the record her support thereof; and, Michael Tazwell Walker having appeared on April 13, 2005 without but not having filed or served written opposition to the motion in contravention of E.D.N.Y. LBR 9014-1, but having filed objections to the proposed order; and the issues having duly been heard on the that date, April 13, 2005; and this Court having duly rendered its decision on the record at the conclusion of the hearing held on April 13, 2005 determining dated April 13, 2005, directing that the Debtor's Chapter 13 Petition be dismissed on the grounds that, among other things, the Debtor as a person for whom a guardian has been appointed under New York Mental Health Law Art. 81 lacks the capacity to have filed the petition, that the Debtor has filed the Petition in bad faith, and that the Debtor has failed to file: a Chap. 13 plan, schedules, statement of financial affairs, summary of schedules, declaration concerning debtor's schedules, a statement under E.D.N.Y. LBR LR 1073-2b, any of the disclosure under documents mandated by E.D.N.Y. LBR LRB 2003-1, and has failed to attend a Section 341 meeting, ; as required by 11 U.S.C. § 521 and 11 U.S.C. § 1321 and as the Debtor has been informed of the inadequacies of his Chapter 13 filing advised by the Notice of Deficient Filing, dated December 22, 2004; it is hereby
ORDERED, that, pursuant to 11 U.S.C. § 105(a), 11 U.S.C. § 1307(c), 11 U.S.C. § 1307(c)(1), and 11 U.S.C. § 1307(c) (3) (9) (10), the above-captioned Chapter 13 Petition case filed by Michael Tazwell Walker, the Debtor, is:
a) dismissed with prejudice to the filing of further petitions in his own name under the Bankruptcy Code, in this or any other United States Bankruptcy Court, while he remains under an Article 81 Guardian;
and
b) dismissed with prejudice as having been filed in bad faith in that the Debtor filed this Chapter 13 petition solely for the purpose of impermissibly forestalling an eviction and absent any genuine intent or even ability to utilize the substantive provisions of Chapter 13, and the D
debtor is accordingly barred from filing further petitions under the Bankruptcy Code for a period of eighteen (18) months from the date of this order, in this or any other United States Bankruptcy Court; and
c) dismissed with prejudice, for failure to file: a Chapter 13 plan, schedules, a statement of financial affairs, a summary of schedules, a declaration concerning debtor's schedules, a statement under LBR 1073-2b, and disclosure under LRB 2003-1; and for failure to attend the Section 341 meeting of creditors; and the debtor is barred from filing further petitions under the Bankruptcy Code for a period of eighteen (18) months from the date of this order, in this or any other United States Bankruptcy Court; and
IT IS FURTHER ORDERED, that pursuant to
11 U.S.C. § 362(d) and
11 U.S.C. § 105(a):
a) the automatic stay under
11 U.S.C. 362 is lifted,
nunc pro tunc, as of the date of filing of this petition; and
b) in the event that Michael Tazwell Walker, Sheryl Walker or Dolores Walker file any petition under the Bankruptcy Code, in this or any other United States Bankruptcy Court, individually or in combination, at any time,
and whether or not in conformity with the other terms of this Order, the automatic stay under
11 U.S.C. § 362 shall not take effect,
ab initio, against the New York City Housing Authority, its employees, agents and/or representatives, or against any New York City Marshal or Sheriff so as to bar the New York City Housing Authority from having executed on its behalf a warrant of eviction to regain possession of the premises 50-20 31
st Avenue, Apartment 4B, Woodside, New York or so as to bar the New York City Housing Authority from regaining possession of said premises by any other lawful means. Nor shall it bar the New York City Housing Authority from taking any other lawful means or utilizing such procedures, judicial or otherwise, necessary to effectuate the
execution of such a warrant of eviction or regaining of possession by other lawful means. In the event of any such future bankruptcy filings, the New York City Housing Authority shall not have to make a motion, or other application, to this or any other Court to establish that the stay pursuant to
11 U.S.C. § 362 shall not have effect and may proceed to regain possession without any further Order of this or any other Court.