Free Bankruptcy Appeal - District Court of Delaware - Delaware

Case 1 :05-cv-00684-*** Document 9-5 Filed 01/13/2006 Page 1 of 2
[N THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
IN RE
Phillip A. Dye and Rebecca J. Dye Bankruptcy No. 05-11619-JKF
Dcbtors Chapter l3
Related to Dkt. No. 53, Debtors’ Motion
to Enforce Penalty for Filing False
Claims; Dkt. No. 58, Motion to Dismiss
Debtors’ Motion to Grant Proofs of
Claim filed on behalf of the United States
of America, Internal Revenue Service
ORDER DENYING .DE`BTORS’ MOTION TO ENFORCE PENALTY
FOR FILING FALSE CLAIMS AND GRANTING THE MOTION TO DISMISS
DEBTORS’ MOTION FILED ON BEHALF OF THE
INTERNAL REVENUE SERVICE
AND NOW, this 2'“' day of September, 2005,
p WHEREAS the subject ofthe motion was with respect to the claims of the secured
creditor, IndyMac Bank, and certain tax claims of the United States of America;
WHEREAS lndylvlac Bank provided Debtors with an accounting in their prior
bankruptcy,
WHEREAS lndyMac’s motion for relief from the automatic stay, Docket No. 29, was
granted by Order dated August 26, 2005, at Docket No. 62;
WHEREAS Debtors advance the same arguments that were rejected in prior case(s);
WHEREAS Debtors failed to properly serve the United States as required by
Fed.R.Bankr.P. 9014 and 7004;
it is ORDERED that the motion to enforce penalty is DENIED.
It is FURTHER ORDERED that thc motion tiled on behalf of the Internal Revenue
Service to dismiss Debtors’ motion is GRANTED.
It is FURTHER ORDERED that the Clerk shall immediately serve a copy of this Order

Case 1:05-cv-00684-*** Document 9-5 Filed O1/13/2006 Page 2 of 2
pn Debturs at both addresses listed in their pleadings.
Juége Judith K. Fitzgera§ "'mb
United States Bankruptcy Court