Estes v. Garcia (In Re Garcia)

42 B.R. 33, 1984 Bankr. LEXIS 5829

Opinions

MEMORANDUM OPINION AND ORDER OF DISMISSAL

ROLAND J. BRUMBAUGH, Bankruptcy Judge.

THIS MATTER comes before the Court on the Motion for Relief From Automatic Stay filed by the Creditor Ruby Estes, and the Response to Motion and Request for Hearing filed by the Debtors.

The first two allegations in the Motion assert that under the Chapter 13 Plan confirmed by this Court, the Debtors were to make current payments to this creditor of $2,249.33 each month outside the plan and that no such payments have been made for the months of January, February or March, 1984. The Debtors, in their Response, admit these allegations.

Based upon Judge Moore’s (now a United States District Court Judge for the District of Colorado) decision in Arvada 1st Industrial Bank v. Richardson, Proceeding No. 81 K 2211, unpub. October 29, 1981, which is attached hereto as an Appendix, and based upon the Debtors’ admissions, supra, it is

ORDERED that the Motion for Relief from Automatic Stay is considered to be a Motion to Dismiss Chapter 13 Proceeding, and said Motion is granted and the within case be, and hereby is dismissed.

FURTHER ORDERED that the Standing Trustee shall file her final report within 90 days of the date of this Order.

APPENDIX

UNITED STATES BANKRUPTCY COURT POR THE DISTRICT OF COLORADO

PERCY JAMES RICHARDSON and ■ JOHNNIE VENELL RICHARDSON, Debtors. ARVADA 1ST INDUSTRIAL BANK, Plaintiff, vs, PERCY JAMES RICHARDSON and JOHNNIE VENELL RICHARDSON, Defendants. ) ) j Case No. ' 81 B 03417 K ) ) ) ) ) Proceeding No. ) 81 K 2211 ) ) )