In re Simmons

ORDER OF DISMISSAL

THOMAS C. BRITTON, Bankruptcy Judge.

This chapter 13 case was filed on November 30,1981. The debtors’ mortgagee seeks dismissal. (C.P.No. 3). The motion was heard on December 30.

The debtors have never filed their schedules nor have they filed a plan. B.R. 13-201(a) requires that these papers be filed within 10 days.

There is only one creditor in this ease, the mortgagee. A foreclosure decree had been entered and a clerk’s sale had been held before bankruptcy. The only step which remained to extinguish the debtors’ interest in the mortgaged property was the clerk’s issuance of…