In Re Banks

MEMORANDUM OF DECISION

PAUL MANNES, Bankruptcy Judge.

This matter is before the court upon the motion of the debtor, Ann P. Banks, to dismiss the Chapter 7 proceeding filed by her on April 21, 1983.

Debtor seeks this relief because this case was filed improvidently. She filed a previous bankruptcy petition on May 5,1978, and received a discharge on January 15, 1979. She is ineligible therefore to receive a discharge pursuant to 11 U.S.C. 727(a)(8) with respect to any case commenced within six years before the date of the filing of the petition. Debtor’s counsel explains that his client has been…