In Re Harter

MEMORANDUM DECISION

LOUISE DECARL ADLER, Bankruptcy Judge.

I

INTRODUCTION

The chapter 13 trustee- (“Trustee”) moves to dismiss the case for cause because the Debtor failed to complete the plan within the five-year plan period. The Debtor’s opposition memorandum argued that he had overpaid the plan. However, prior to the hearing on the motion, he paid the Trustee the outstanding balance of $130.00. The Debtor argues the case should not be dismissed because the plan is complete.

Rancho Rios Homeowners Association (“RR HOA”) joins the Trustee’s motion. It contends the case must be dismissed because…