MARGARET MURPHY, Bankruptcy Judge
This case commenced January 5, 2004, when Debtor filed his Chapter 13 bankruptcy petition pro se. Debtor filed an application to pay the filing fee in installments, but because Debtor had filed a previous case in which he had failed to pay the filing fee in full, an order was entered January 6, 2004, directing Debtor to pay the filing fee for the instant case in full within 14 days or this case would stand dismissed and the automatic stay annulled ab initio. Debtor failed to pay the filing fee. A notice of dismissal was entered January 27, 2004, and the case was closed February 9, 2004.
Following dismissal, on February 17, 2004, Debtor filed a motion to reopen this case and vacate the dismissal. A response and objection to Debtor's motion was filed by Countrywide Home Loans, Inc. Hearing was held March 5, 2004, at which Debtor, attorney for Countrywide and the Chapter 13 Trustee were present.
Debtor alleged in his motion to reopen that he had not received notice that his case was subject to dismissal for failure to pay the filing fee. The order entered January 6, 2004, however, was served upon Debtor at the address Debtor provided on his Chapter 13 petition. The presumption of proper notice cannot be rebutted solely by allegations of non-receipt. Moody v. Bucknum, 951 F.2d 204 (9th Cir. 1991). "The common law has long recognized a rebuttable presumption that an item properly mailed was received by the addressee. (Citations omitted.) The `presumption of receipt' arises upon proof that the item was properly addressed, had sufficient postage, and was deposited in the mail. The presumption is, of course, rebuttable." Konst v. Florida East Coast Railway Co., 71 F.3d 850 (11th Cir. 1996). Debtor offered no evidence to rebut the presumption of receipt.
Additionally, the record shows that this is Debtor's fifth bankruptcy case, and that the case filed immediately prior to the instant case was dismissed November 7, 2003, pursuant to 11 U.S.C. § 109(g), rendering Debtor ineligible to file any case under Title 11 for 180 days. Therefore at the time Debtor filed the instant case, he was ineligible to be a debtor under Chapter 13 or any other chapter of the Bankruptcy Code. Debtor's serial filing of bankruptcy cases appears to constitute an abuse of the bankruptcy system. See In re Gros, 173 B.R. 774 (Bankr. M.D. Fla. 1994); In re Standfield, 152 B.R. 528 (Bankr. N.D. Ill. 1993). Accordingly, it is hereby
ORDERED that Debtor's motion to reopen is denied. The Clerk, U.S. Bankruptcy Court, is directed to serve a copy of this order upon Debtor, Debtor's attorney, the Chapter 13 Trustee, and all creditors and parties in interest.
IT IS SO ORDERED.