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Message: Delaware case dismissed with a bar to re-filing within 180 days
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Oct 05, 2017 06:40PM
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Oct 05, 2017 06:48PM

Oct 05, 2017 07:04PM

 

CSD 1001C

 

 

 

E.DIGITAL CORPORATION, A DELAWARE CORPORATION

 

CHAPTER 7 TRUSTEE'S MOTION TO DISMISS CHAPTER 7 CASE

 

17-04075-LT7

 

 

The Motion Requesting Dismissal of Chapter 7 Case filed by Christopher R. Barclay, Chapter 7 Trustee ("Trustee")

 

[Docket 27] was filed on August 24, 2017 for hearing before the Honorable Laura S. Taylor, United States Bankruptcy Judge

 

on September 21, 2017 at 10:00 am, in the above-entitled Court. Pursuant to the Order on Stipulation to Continue Hearing on

 

Motion Requesting Dismissal entered on September 8, 2017, the hearing on the Chapter 7 Trustee’s Motion Requesting

 

Dismissal of Chapter 7 Case was continued from September 21, 2017 at 10:00 am to October 5, 2017 at 10:00 am [Docket

 

31]. On September 8, 2017, the Debtor filed an Opposition to the Motion Requesting Dismissal [Docket 33]. On September

 

15, 2017, the Trustee filed a Reply to the Debtor's Opposition [Docket 39].

 

At the continued hearing on October 5, 2017, Christopher R. Barclay appeared as the Trustee. Kerry Moynihan, Esq.

 

appeared as attorney for the Debtor.

 

The Court having reviewed and considered (i) the Trustee's Motion Requesting Dismissal of Chapter 7 Case, (ii) the

 

Opposition filed by the Debtor, (iii) the Trustee's Reply to the Debtor's Opposition, and (iv) the record of this entire case,

 

posted her tentative ruling prior to the continued hearing indicating the Court's inclination to grant the motion. The parties

 

provided oral argument. Hearing no argument to change the tentative ruling, and for good cause appearing;

 

IT IS HEREBY ORDERED that:

 

1. The Trustee's Motion Requesting Dismissal of Chapter 7 Case is granted.

 

2. The above entitled chapter 7 case is dismissed pursuant to 11 U.S.C. Section 707(a) and 11 U.S.C. 105(a), with a bar to re-filing within 180 days pursuant to 11 U.S.C. 109(g)(1).

 

IT IS SO ORDERED.

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Oct 07, 2017 03:51PM
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Oct 07, 2017 06:42PM
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