Free Bankruptcy Appeal - District Court of Delaware - Delaware


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Date: September 2, 2005
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Category: District Court of Delaware
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Case 1 :05-cv-00684-*** Document 9-7 Filed 01/13/2006 Page 1 of 2
IN THE UNITED STATES BANKRUPTCY COURT
. FOR THE DISTRICT OF DELAWARE
IN RE
Phillip A. Dye and Rebecca J. Dye Bankruptcy No. 05-1 1619-JKF
Debtors Chapter 13
Related to Dkt. No. 8 and 15, Rule and
Amended Rule to Show Cause Why This
Bankruptcy Petition Should Not be
Dismissed With Prejudice
ORDER DISMISSING CASE WITH PREJUDICE
AND NOW, this 2“" day of September, 2005,
WHEREAS,this is Debtor Phillip Dye’s third bankruptcy filing;
WHEREAS case number 03-l2394·JKF, tiled August 1, 2003, by Phillip and Rebecca
Dye was dismissed October 27, 2003, on Debtors’ motion to dismiss
WHEREAS case number 03-13727, filed December 8, 2003, by Phillip Dye was
dismissed May 21, 2004, for failure to propose a confirrnable plan;
WHEREAS Phillip Dye’s appeal from that order was denied by the District Court for the
District of Delaware, Civ. No. 04-386-SLR, by order dated October 6, 2004;
WHEREAS Phillip Dye’s appeal to the Court of Appeals for the Third Circuit was
dismissed by order dated June 1, 2005;
WHEREAS case number 05-11619 was tiled June 10, 2005, and a plan proposed which
provided For no payments to any creditors;
WHEREAS at the hearing on the rule to show cause held August 30, 2005, Debtor raised
p the same issues and asserted the same positions that were raised in the prior cases and were the
subject of an appeal which was dismissed;

Case 1:05-cv-00684-*** Document 9-7 Filed O1/13/2006 Page 2 of 2
_ WHEREAS Debtors refuse to tile tax retums or to pay taxes owed;
lt is ORDERED that ease number 05-11619 is DISMISSED with prejudice.
It is FURTHER ORDERED that Debtors are barred from filing for two (2) years.
lt is FURTHER ORDERED that the Clerk shall immediately serve a copy of this Order
on Debtors at both addresses listed in their pleadings and all creditors and parties in interest and
the U.S. Trustee.
WCM/#76 7?7¢? _b
Judge Judith K. Fitzgerald
United States Bankruptcy Court