Matter of Volpe

ORDER ON MOTION TO DISMISS CHAPTER 13 PETITION

ALEXANDER L. PASKAY, Chief Bankruptcy Judge.

THIS CAUSE came on for hearing upon a Motion to Dismiss Chapter 13 Petition filed by Donato Ranieri, Maria Ranieri and the First National Bank of Clearwater, holders of a second mortgage on a hotel known as Rio Motel. The Movants seek the entry of an order dismissing the above-styled Chapter 13 case based on the contentions that (1) the Debtor’s Chapter 13 Petition is barred by 11 U.S.C. § 109(f)(1); (2) that the Debtor is ineligible to file a Chapter 13 inasmuch as his total secured debt exceeds the…