Thomas J. Tucker
Judge Thomas J. Tucker
ORDER DISMISSING CASE AND REQUIRING DEBTOR JANIS GERALDINE LEVIN
AND HER NON-DEBTOR SPOUSE GARY DAVID LEVIN TO APPEAR AND SHOW
CAUSE WHY THEY SHOULD NOT BE BARRED FROM FILING ANOTHER
BANKRUPTCY CASE FOR 180 DAYS OR LONGER
On February 28, 2012, Debtor Janis Geraldine Levin filed a voluntary petition for relief under Chapter 7, initiating this case. This is Debtor's sixth bankruptcy case. Two of Debtor's prior bankruptcy cases were filed jointly with her spouse, Gary D. Levin, who is not a debtor in this bankruptcy case. In addition to the two bankruptcy cases that Gary Levin filed jointly with Debtor, Mr. Levin has filed four individual bankruptcy cases himself. Since 2008, eight prior bankruptcy cases filed by Debtor and her spouse, Gary Levin, either jointly or individually, have been dismissed for the Debtors' failure to comply with their duties under the Bankruptcy Code, and both Debtor and Gary Levin have failed to pay the filing fees in many of their cases filed. The history of Debtor's and her husband's cases are as follows:
1. Case No. 93-49080 (joint Chapter 7) (filed on August 20, 1993 and discharge entered on December 22, 1993).
2. Case No. 08-44853 (Chapter 7 (Janis Geraldine Levin)) (filed on February 29, 2008 and discharge entered on June 17, 2008).
3. Case No. 08-52640 (joint Chapter 13) (filed on May 23, 2008 and dismissed on May 29, 2008 because case was filed as a joint case with spouse, and Debtor's spouse already had a Chapter 7 case pending (Case No. 08-44853)), and Debtors failed to file an acceptable matrix, or a Certificate of Budget and Credit Counseling, and Debtors paid the $274.00 filing fee).4. Case No. 08-54287 (Chapter 13 (Gary David Levin)) (filed on June 12, 2009 and dismissed on June 30, 2008 for Debtor's failure to file a Chapter 13 Monthly Disposable Income Form, Chapter 13 Plan, Statement of Financial Affairs, Statistical Summary, the Credit Counseling Certificate, and Schedules A-J, with Debtor owing $274.00 filing fee).
5. Case No. 08-56244 (Chapter 13 (Gary David Levin)) (filed on July 7, 2008 and dismissed with a 180-day bar to refiling on July 25, 2008, after Debtor's failure to appear for a show-cause hearing on the Court's "Order Requiring Debtor to Appear and Show Cause Why This Case Should Not be Dismissed and Debtor Barred From Filing Another Bankruptcy Case for 180 Days or Longer," and with Debtor owing $274.00 filing fee).
6. Case No. 08-59781 (Chapter 13 (Gary David Levin)) (filed on August 14, 2008 and dismissed on August 18, 2008, because the case was filed in violation of the 180-day bar to refiling entered in Case No. 08-56244, and with Debtor owing $274.00 filing fee).
7. Case No. 09-75656 (Chapter 7 (Gary David Levin)) (filed on November 19, 2008 and dismissed on December 10, 2009 with a 2-year bar to refiling after Debtor's failure to appear for a show-cause hearing on the Court's "Order Requiring Debtor to Appear and Show Cause Why This Case Should Not be Dismissed and Debtor Barred From Filing Another Bankruptcy Case for 180 Days or Longer," and with Debtor owing $299.00 filing fee).
8. Case No. 09-75662 (Chapter 7 (Janis Geraldine Levin)) (filed on November 19, 2009 and dismissed on December 2, 2009 for Debtor's failure to file a matrix, and with Debtor owing $299.00 filing fee).
9. Case No. 11-68236 (Chapter 7 (Janis Geraldine Levin)) (filed on October 31, 2011 and dismissed on November 9, 2011 for Debtor's failure to file a matrix, and with Debtor owing $299.00 filing fee).
10. Case No. 12-42229 (Chapter 7 (Gary David Levin)) (filed on February 1, 2012 and dismissed on February 9, 2012 for Debtor's failure to file a matrix, and with Debtor owing $306.00 filing fee).
11. Case No. 12-44533 (Chapter 7 (Janis Geraldine Levin)) (the current case).
Because (1) there have been eight cases filed since May 2008 by either Debtor or Debtor's spouse individually, or by Debtor and Debtor's spouse jointly, which have been dismissed due to Debtors' failure to comply with their duties under the Bankruptcy Code; and (2) Debtor owes $598.00 in filing fees for her prior cases, plus $306.00 for the filing fee for this case or a total of $904.00; and (3) Debtor's spouse, Gary Levin, owes a total of $1,121.00 in filing fees, there is cause to dismiss this bankruptcy case, and dismissal of this case is necessary to prevent an abuse of process under 11 U.S.C. § 105(a).
IT IS ORDERED that:
1. This bankruptcy case is dismissed.
2. Debtor Janis Geraldine Levin and her non-filing spouse each must appear on April 4, 2012 at 9:00 a.m. in Room 1925, 211 W. Fort Street, Detroit, Michigan, and show cause why the Court should not bar Debtor and her non-filing spouse from filing another bankruptcy case for 180 days or longer.
3. The hearing on the Court's order entitled "Order to Show Cause Why Debtor is Entitled to a Discharge," scheduled for March 21, 2012 at 9:00 a.m., is cancelled because it is no longer necessary.
______________________
Thomas J. Tucker
United States Bankruptcy Judge