Dennis M. Harrsch

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF PENNSYLVANIA
IN RE: 	: 	Chapter 13
DENNIS M. HARRSCH, 	:
Debtor(s) 	: 	Bky. No. 09-12453 ELF
:
O R D E R
AND NOW, the Debtor having commenced the above chapter 13 bankruptcy case on
April 2, 2009;
AND, the confirmation hearing first having been scheduled to be held on August 6, 2009;
AND, the August 6, 2009 confirmation hearing, as well as subsequent confirmed hearings
scheduled on September 17, 2009, October 8, 2009, November19, 2009, all having been
continued;
AND, the confirmation hearing being presently scheduled for January 14, 2010;
* 	* 	* 	*
AND, the Debtor’s chapter 13 plan (“the Plan”) providing for the Debtor to make plan
payments of $200.00 per month for sixty (60) months;
AND, the Plan providing for payment of administrative expenses, any amounts necessary
to cure prepetition residential mortgage arrears, payment of any other allowed secured and
priority claims, with the balance to be distributed pro rata to the holders of general unsecured
claims, (see Debtor’s Chapter 13 Plan ¶¶2-6, 8.c., Docket Entry No. 16);
* 	* 	* 	*
AND, the United States, Internal Revenue Service (“the IRS”) having filed a proof of
claim on June 1, 2009, asserting a priority claim in the amount of $95,002.95, (see Claim No. 2-
1);
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AND, the IRS having amended its proof of claim on September 9, 2009 and having
increased its priority claim to $108,285.58, (see Claim No. 2-2);
AND, as a result of the IRS’ claim, the Plan being patently underfunded and presently
incapable of being confirmed, see 11 U.S.C. §§1322(a)(2), 1325(a)(1), (a)(6);
AND, more than five (5) months having passed since the IRS initially filed its proof of
claim and almost three (3) months having passed since the IRS initially filed its amended proof
of claim;
AND, no objection to the IRS’ claim having been filed by the Debtor;
AND, in light of the foregoing, the court concluding that it is appropriate to exercise its
authority to act sua sponte to consider the entry of an Order dismissing this case under 11 U.S.C.
§1307(c)(1), see, e.g., Jablonski v. Internal Revenue Service, 204 B.R. 456, 458-59 (W.D. Pa.
1996), aff’d, 114 F.3d 11721 (3d Cir. 1997); In re Fricker, 116 B.R. 431, 442 (Bankr. E.D. Pa.
1990);
It is hereby ORDERED that:
1. 	The January 14, 2010 confirmation hearing shall not be continued except by express court
order, which shall be granted only for cause shown.
2. 	At the hearing, the court will consider whether the case should be dismissed under 11 U.S.C.
§1307(c)(1) for unreasonable delay that is prejudicial to creditors.
Date: 	December 3, 2009
ERIC L. FRANK
U.S. BANKRUPTCY JUDGE
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