In re Bradberry

        Kathy Cruz, Hot Springs, AR, for Debtor.

        Wendy Geurin, Armstrong, Allen, Prewitt, Gentry & Johnson, Memphis, TN, for Chrysler.

        David D. Coop, Chapter 13 Trustee, Little Rock, AR.

        ORDER REINSTATING CASE

        MARY DAVIES SCOTT, Bankruptcy Judge.

         THIS CAUSE is before the Court upon the Debtor's Motion for Reinstatement, filed on April 2, 1998. This is the third of debtor's attempts to properly file and maintain a chapter 13 bankruptcy case. The first case, Number 97-41949S was dismissed on August 18, 1997, for failure to comply with an order directing debtor to file his federal income tax returns. The second case, filed on October 8, 1997, was dismissed upon the debtor's failure to pay the filing fee to the clerk, within the time required by the Federal Rules of Bankruptcy Procedure as implemented by General Order No. 13. Debtor's third case, filed on February 11, 1998, was dismissed for failure to pay the filing fee. Although the Court does not believe that the debtor has accurately characterized the facts, the policies and procedures required by the Federal Rules of Bankruptcy Procedure, Local Rules, General Orders, as well as the clerk's duties and procedures as directed the

Page 461.

Administrative Office of the Courts, it is clear that the burden of dismissal should not be born entirely by the debtor, at least at this time. Accordingly, it is

        ORDERED that the Debtor's Motion for Reinstatement, filed on April 2, 1998, is GRANTED, pending final resolution of whether dismissal under General Order No. 13 is appropriate.

        IT IS SO ORDERED.