In Re Smail

ORDER ON MOTION TO DISMISS AND FOR SANCTIONS

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a “Chapter 26” case, and the matter presently under consideration is a Motion to Dismiss and for Sanctions filed by Harold and Jan Levitt (Levitts). A review of the record reveals that on July 13, 1990, the Debtor filed his first voluntary petition under Chapter 13 of the Bankruptcy Code. The initial filing was deficient in that it was not accompanied by a Chapter 13 Statement and Plan. On September 10, 1990, or approximately two months after the commencement of the case, this Court issued an Order to Show…