Zshawntinique Cierra Evans
Zshawntinique Cierra Evans
Trial Court Opinion
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: Case No. 22-42370 ZSHAWNTINIQUE CIERRA EVANS, Chapter 7 Debtor. Judge Thomas J. Tucker / ORDER DISMISSING CASE At 11:34 a.m. on March 28, 2022, the Debtor filed a voluntary petition for relief under Chapter 7, commencing Case No. 22-42368. Four minutes later, at 11:38 a.m. that same day, the Debtor filed another voluntary petition for relief under Chapter 7 in this Court, commencing this case. The Court assumes that the second filing was merely an unintended error by the Debtor’s attorney. Both bankruptcy cases remain pending. As a general rule, a debtor may not have two bankruptcy cases pending at the same time. See In re Munroe,
568 B.R. 631, 633-34(Bank. E.D. Mich. 2017) (citing Jn re Sidebottom,
430 F.3d 893, 897-99(7th Cir. 2005) and Jn re Lord,
295 B.R. 16, 17-21(Bankr. E.D.N.Y. 2003)) (“[T]he majority rule, which this Court agrees with, is that a debtor may not have two bankruptcy cases pending at the same time.”). For this reason, the Court will dismiss this case, which is the second-filed of the two cases. Accordingly, IT IS ORDERED that this bankruptcy case is dismissed.
Signed on March 29, 2022 LEQ. |s/ Thomas J. Tucker 3 7 = Thomas J. Tucker SN ~~ Ke” United States Bankruptcy Judge
Reference
- Status
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