Mildred E Nixon

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT
WESTERN DIVISION
In re Case No. 05-12169
Mildred Nixon Chapter 13 (Judge Aug)
aka
Evette Nixon
Debtor
ORDER DISMISSING CASE AND PROHIBITING DEBTOR FROM FILING A
BANKRUPTCY PETITION FOR THREE YEARS
This matter is before the Court on the Chapter 13 Trustee’s motion to
dismiss for failure to file the schedules, plan, and statement of financial affairs.
(Doc. 12). The Debtor did not file a response.
An overview of the Debtor’s bankruptcy filings is telling. The Debtor filed a
chapter 7 petition on June 10, 2002, being Case No. 02-14352, and received a
discharge on November 1, 2002. She filed her first chapter 13 petition on July 29,
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 18, 2005
____________________________________________________________
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1 This case was filed in Dayton rather than in Cincinnati.
being, Case No. 04-36526.1 That case was dismissed on September 22, 2004 for
failure to pay a filing fee.
The Debtor filed her second chapter 13 petition on March 10, 2005, being
Case No. 04-18750. That case was dismissed on March 10, 2005 for failure to
appear at the confirmation hearing.
Eighteen days later, on March 28, 2005, the Debtor filed her third chapter 13
petition, being Case No. 04-12169. On April 13, 2005, the Chapter 13 Trustee filed
a motion to dismiss for failure to file all schedules, plan, and statement of financial
affairs. That motion is pending before this Court.
On May 5, 2005, before the Court ruled on said pending motion to dismiss,
the Debtor filed her fourth chapter 13 petition, being Case No. 05-13557.
All of the Debtor’s petitions have been filed pro se.
The failure to file a Chapter 13 case in good faith is grounds for dismissal
under 11 U.S.C. §1307(c). See In re Badalyan, 236 B.R. 633, 638 (B.A.P. 6th
Cir. 1999)(citing In re Caldwell, 895 F.2d 1123, 1126 (6th Cir. 1990)), aff’d,
221F.3d 1333 (6th Cir. 2000). Good faith is determined on a case by case basis by
looking at the totality of the circumstances. In re Barrett, 964 F.2d 588, 591 (6th
Cir. 1992)(citing In re Okoreeh-Baah, 836 F.2d 1030, 1033)(6th Cir. 1988)). The
frequency of filings is one factor to be considered. In re Barrett, 964 F.2d at 591-
92. A serial filing may be proper if there has been a change in circumstances. Id.
at 592.
Section §109(g)(1) creates a 180 day bar to refiling a bankruptcy petition if
the prior case was “dismissed for willful failure of the debtor to abide by orders of
the court, or to appear before the court in a proper prosecution of the case . . .”
This code section was passed to address the filing of meritless petitions in rapid
succession. In re Price, 304 B.R. 769, 772 (Bankr. N.D. Ohio 2004). Section
§349(a) allows the bankruptcy court to sanction a debtor beyond the 180 day
period where there are “circumstances that cannot be addressed by §109(g).” Id.
These cases represent one of the most egregious examples of serial filings
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2 Even more amazing is a similar series of filings by Carlean Nixon, who resides at the
same address as this Debtor: Case No. 02-14353; Case No. 03-14941; Case No. 04-36279; Case
No. 04-19753; Case No. 04-10594; Case No. 05-12168; and Case No. 05-13558.
that this Court has observed.2 It is clear from the number of filings as well as from
the accelerated pace of the filings that the instant case was not filed in good faith.
The Debtor has offered no reason for her multiple filings and has presented no
evidence of a change in circumstances. Her multiple filings are prejudicial to her
creditors and is a waste of judicial resources. It is also clear that the 180 day bar
would be ineffective against this Debtor.
Accordingly, the Chapter 13 Trustee’s motion to dismiss is hereby
GRANTED;
Further, Mildred Nixon aka Evette Nixon is hereby PROHIBITED from filing
a petition under any Chapter of the Bankruptcy Code for a period of three (3) years
from the entry date of this order, unless she first seeks and receives Court approval
to file a petition. See In re Roeben, 294 B.R. 840, 850 (Bankr. E.D. Ark. 2003).
IT IS SO ORDERED.
Distribution list:
Debtor
Chapter 13 Trustee
All creditors
U.S. Trustee
# # #
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