3:06-bk-30334•Marvin D Reier
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UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON In re: M ARVIN D. REIER, Debtor Case No. 06-30334 Judge Waldron Chapter 7 DECISION ON ORDER DISMISSING CASE DATED AT DAYTON, OHIO this 25th Day of May, 2006: Pending before the Court are the Debtor’s initial Chapter 7 filings, the Motion Of United States Trustee To Dismiss Chapter 7 Case And Memorandum In Support Thereof (Doc. 36) and the Objection To Motion To Dismiss Case And Memorandum In Support Of Objection (Doc. 39). The Court notes that the Debtor in this case, Marvin D. Reier, appears pro se and the Court has attempted to overlook any nonsubstantive, procedural errors in connection with the Debtor’s filings. On a substantive basis, however, the Memorandum of the United States Trustee correctly sets forth the facts and the law with regard to this case. This document has been electronically entered in the records of the United States Bankruptcy Court for the Southern District of Ohio. IT IS SO ORDERED. Dated: May 25, 2006 ____________________________________________________________ Case 3:06-bk-30334 Doc 40 Filed 05/25/06 Entered 05/26/06 09:28:39 Desc Main Document Page 1 of 2
The Debtor is not eligible for a discharge pursuant to 11 U.S.C. § 727(a)(8) and has failed to accurately disclose prior filings. Although either of these circumstances, standing alone, would constitute cause for dismissal, together they provide the basis to dismiss this case. The Court notes that the United States Trustee memorandum provides in a footnote, “[t]he U.S. Trustee believes that the Debtor is now eligible for Chapter 7 relief.” Accordingly, the within case is DISMISSED and an order consistent with this decision is simultaneously entered. SO ORDERED. c: Marvin D. Reier, 9409 Smyrna Road, New Paris, Ohio 45347 (Debtor) Emerson R. Keck, Esq., 318 West Fourth Street, Dayton, Ohio 45402 (Atty. for the State of Ohio Bureau of Workers Compensation) Stephen D. Miles, Esq., 18 West Monument Avenue, Dayton, Ohio 45402 (Atty. for Heartland Federal Credit Union) Donald F. Harker, III, Esq., One First National Plaza, Suite 2103, 130 West Second Street, Dayton, Ohio 45402-1503 (Chapter 7 Trustee) Office of the United States Trustee, Attention: MaryAnne Wilsbacher, 170 North High Street, Suite 200, Columbus, Ohio 43215 ### Case 3:06-bk-30334 Doc 40 Filed 05/25/06 Entered 05/26/06 09:28:39 Desc Main Document Page 2 of 2
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