Eva Highsmith and Winfred N. Highsmith

UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 13
:
EVA HIGHSMITH, 	: 	Bankruptcy No. 05-39174DWS
WINFRED N. HIGHSMITH, 	:
:
Debtors. 	:
ORDER
AND NOW, this 25th day of October 2005, this Court having entered an Order on
March 1, 2004 dismissing the Chapter 11 case of Eva and Winifred Highsmith with
prejudice and barring them from filing a further petition under title 11 without leave of Court
(the “Order”);
And the Order further providing that any petition filed in violation of this Order shall
be dismissed without further notice or hearing;
And on October 21, 2005 a petition being presented to the Bankruptcy Court in
violation of the Order;
And the Clerk of the Bankruptcy Court having refused to accept the petition as no
leave of Court to file was granted;
And in flagrant abuse of the Court’s Order, the petition being deposited in the night
box at the District Court and time stamped;
It is hereby ORDERED that the petition initiating this case is in contempt of this
Court’s Order dated March 1, 2004;
Case 05-39174-dws Doc 7 Filed 10/25/05 Entered 10/26/05 11:55:46 Desc Main
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In re Eva and Winfred N. Highsmith - Bankruptcy No. 05-39174DWS
And it is further ORDERED that the Chapter 13 case is DISMISSED with prejudice;
And it is further ORDERED that the Clerk shall send a copy of this Order to every
party listed on the Debtors’ matrix;
And it is further ORDERED that on or before October 31, 2005 petitioner’s counsel
Eddie Clark, Esquire (“Clark”) shall file an affidavit under penalty of perjury outlining his
role in this filing, including whether he was present when the petition was refused and
whether he deposited or discussed depositing it in the district court night box. Pending that
submission the Court reserves judgment as to whether sanctions should be pursued
against Clark. Failure to file the sworn affidavit shall be a contempt of this Court.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
Copies to:
Eva Highsmith
6611 N. 11 th Street
Philadelphia, PA 19126
Winfred N. Highsmith
6611 N. 11 th Street
Philadelphia, PA 19126
Eddie Clark, III, Esquire
1342 66 th Avenue
Philadelphia, PA 19126
William C. Miller, Esquire
Standing Chapter 13 Trustee
P. O. Box 40119
Philadelphia, PA 19106-0119
Dave P. Adams, Esquire
Office of the U.S. Trustee
833 Chestnut Street, Suite 500
Philadelphia, PA 19107
Case 05-39174-dws Doc 7 Filed 10/25/05 Entered 10/26/05 11:55:46 Desc Main
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