Reyna v. Shoop et al

Filing 84

MOTION by Plaintiff Loretta Reyna for judgment (Attachments: # 1 Exhibit Joint motion to dismiss bankruptcy case, # 2 Exhibit Bankruptcy docket entries)(Nacy, William)

Reyna v. Shoop et al

Doc. 84 Att. 1

Case 10-05005-jwv

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EXHIBIT A

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MISSOURI IN RE: ) ) LAURA LEE SHOOP, ) Case No. ) ) Debtor. ) ) BRUCE E. STRAUSS, TRUSTEE, ) ) Plaintiff, ) ) v. ) ) LAURA LEE SHOOP ) Adv. No. ) Defendant. )

09-50639-jw v

10-05005-jvw

JOINT MOTION BY CHAPTER 7 PANEL TRUSTEE AND DEBTOR FOR DISMISSAL OF ADVERSARY PROCEEDING AND DISMISSAL OF BANKRUPTCY CASE WITH PREJUDICE The chapter 7 panel trustee, Bruce E. Strauss and debtor-defendant, Laura Lee Shoop, by their respective counsel, jointly move this court to dismiss this adversary proceeding and to dismiss the bankruptcy case with prejudice, pursuant to the within stipulation between the parties. In support hereof, the parties jointly state as follows: 1. 2. That debtor filed a chapter 7 voluntary petition on July 21, 2009. That on February 2, 2010, the chapter 7 panel trustee filed a complaint objecting

to discharge of debtor. Alleging, among other things, that the debtor had within one year before the date of the filing of the bankruptcy petition and with the intent to hinder, delay or defraud a creditor or an officer of the bankruptcy estate, removed and concealed certain property and that she continued such activity subsequent to the filing of the bankruptcy trustee.

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Dockets.Justia.com

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EXHIBIT A

The panel trustee further contends that the defendant-debtor failed to identify certain information required by the bankruptcy schedules and statement of affairs. 3. That in order to resolve this adversary proceeding and pending bankruptcy case,

the parties hereby stipulate and request that this court approve the dismissal of this adversary proceeding without prejudice and dismissal of the underlying bankruptcy case, with prejudice with the debtor re-filing the case under Title 11 of the United States Code for a period of three years from the date of the entry of the order dismissing the bankruptcy case. 4. That the chapter 7 panel trustee believes that the resolution is in the best

interests of the bankruptcy estate and creditors. The chapter 7 panel trustee has consulted with the Office of the United States Trustee for Region 13 and the United States Trustee has no objection to dismissal of the bankruptcy case under the provisions proposed in this joint motion and stipulation. WHEREFORE, Bruce E. Strauss, chapter 7 panel trustee and debtor-defendant jointly request this court's order (1) dismissing this adversary proceeding without prejudice; (2) dismissing the bankruptcy case with prejudice to debtor re-filing the case under Title 11 of the United States Code for a period of three years from the date of entry of the order dismissing the bankruptcy case; and, (3) for such further and other relief as the court may deem just and proper. Respectfully submitted, BRUCE E. STRAUSS, CHAPTER 7 PANEL TRUSTEE AND PLAINTIFF

By: /s/ bruce e. strauss BRUCE E. STRAUSS MO#26323 1044 Main Street, Suite 400 Kansas City, MO 64105
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Telephone: [phone] Facsimile: [phone] Email: [e-mail] ATTORNEYS FOR PLAINTIFF-TRUSTEE CARSON LAW CENTER, P.C. By:_________________________________ LYDIA M. CARSON MO#30369 6406 E. 87th Street, Suite 105 Kansas City, MO 64138 Telephone: [phone] Facsimile: [phone] ATTORNEY FOR DEFENDANT-DEBTOR CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing was served upon all persons requesting Electronic Case Filing (ECF) notification in the adversary proceeding on August 30, 2010. /s/ bruce e. strauss BRUCE E. STRAUSS

EXHIBIT A

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