In Re Holder

MEMORANDUM OF DECISION DISMISSING CASE OF INELIGIBLE DEBTOR

E. STEPHEN DERBY, Bankruptcy Judge.

This matter comes before the court on the court’s own motion pursuant to 11 U.S.C. § 105(a) that empowers this court to issue any order appropriate to carry out the provisions of Title 11 and to prevent an abuse of process. The court will dismiss this case because debtor is not an eligible debtor under 11 U.S.C. § 109(g).

The debtor, Marla Doreen Holder, previously filed a bankruptcy case under Chapter 13 on November 1, 1991, Case No. 91-4-5292-SD. Her Chapter 13 plan was filed on November 15, 1991.…