In Re Neary

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue facing us is whether we should grant a creditor’s motion to dismiss the debtors’ chapter 13 case on the basis that the chapter 13 plan was filed with the court on the 17th day after the filing of the petition rather than within the 15 day period prescribed by Bankruptcy Rule 3015. Since the plan was apparently in the mail at the time of the expiration of the 15 day period, we will deny the motion to dismiss because such dismissal would serve no useful purpose, and would do no more than cost the debtors another $60.00 to file another…