and for his motion to reinstate Debtor’s Chapter 13 Bankruptcy Case and continue automatic stay, states the following:
1. Mr. filed emergency Chapter 13 bankruptcy documents on October 3, 2006 to avoid foreclosure on his house and sale of his repossessed vehicle.
2. Mr. ’s Chapter 13 bankruptcy was dismissed on October 16, 2006 due to his attorney’s inadvertent failure to file the Bankruptcy Cover Sheet.
3. Mr. ’s attorney received notice of the dismissal on October 18, 2006.
4. Immediately upon receiving notice of the dismissal due to the failure to file the Bankruptcy Cover Sheet, Mr. ’s attorney filed the Bankruptcy Cover Sheet.
5. Upon information and belief, it is in the best interests of all interested parties, including creditors, to reinstate the Chapter 13 bankruptcy case and continue the automatic stay.
6. If Debtor’s case is not reinstated, Debtor may suffer irreparable harm by loss of his home and vehicle.
7. Debtor filed this bankruptcy case in good faith and the filing defect was cured. Debtor fell behind on house and vehicle payments while he was laid off. Debtor is now again gainfully employed and has the means to catch up with his payments through a Chapter 13 Plan.
WHEREFORE, Debtor respectfully requests that this Honorable Court grant Debtor’s ex parte motion to reinstate his Chapter 13 bankruptcy case and continue the automatic stay.
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