In Re Steele

ORDER SUSTAINING TRUSTEE’S OBJECTION TO CONFIRMATION OF PLAN AND DISMISSING CASE

MARCI B. McIVOR, Bankruptcy Judge.

This matter is before the Court on the Trustee’s Objections to Confirmation of Debtors’ proposed Chapter 13 Plan. The Trustee contends that Debtors are not eligible to file bankruptcy because, pursuant to 11 U.S.C. § 109(g)(2), they voluntarily dismissed their prior Chapter 13 petition following a motion for relief from the automatic stay. For the reasons stated below, the Court sustains Trustee’s objection and dismisses the case.

Debtors filed a Chapter 13 petition on September…