United States Bankruptcy Appellate Panel of the Sixth Circuit
from the United States Bankruptcy Court for the Southern
District of Ohio at Cincinnati. No. 1:18-bk-12326-Beth A.
Leon Hewitt, HEWITT FOSTER LEGAL GROUP, LTD., Cincinnati,
Ohio, for Debtor.
M. McDermott, OFFICE OF THE UNITED STATES TRUSTEE,
Cincinnati, Ohio, for Trustee.
Before: DALES, HARRISON, and WISE, Bankruptcy Appellate Panel
N. WISE, BANKRUPTCY APPELLATE PANEL JUDGE
Kelli Prather appeals from an Order granting a Motion to
Dismiss her chapter 7 bankruptcy case with a two-year bar on
refiling, filed by Appellee Daniel M. McDermott, United
States Trustee for Region 9 ("Trustee").
Debtor's appeal lacks merit for several reasons.
who appeared pro se in the bankruptcy court but is
represented by counsel herein, presents one issue on appeal:
"Did Debtor Notice [sic] receive notice of the
proceedings requiring her to file documents?" (BAP No.
18-8037, ECF No. 13 ("Debtor's Brief") at
Bankruptcy Appellate Panel of the Sixth Circuit has
jurisdiction to decide this appeal. The United States
District Court for the Southern District of Ohio has
authorized appeals to the Panel, and no party timely elected
to have this appeal heard by the district court. 28 U.S.C.
§ 158(b)(6) and (c)(1). A bankruptcy court's final
order may be appealed as of right. 28 U.S.C. §
158(a)(1). An order dismissing a bankruptcy case is a final
order. In re Weixel, 494 B.R. 895, 897 (B.A.P. 6th
Cir. 2013) (citation omitted).
Debtor filed four bankruptcy cases within four years,
including the case at issue.
October 2014 and June 2018, Debtor filed four bankruptcy
petitions in the U.S. Bankruptcy Court for the Southern
District of Ohio. First, she filed a chapter 13 petition in
October 2014. After the case was converted, Debtor's
chapter 7 discharge was revoked because she failed to comply
with an order directing her to turn over a tax refund to the
chapter 7 trustee. Second, Debtor filed a chapter 13 petition
in July 2017. That case was dismissed after Debtor failed to
turn over documents to the chapter 13 trustee. Third, Debtor
filed a chapter 7 petition in November 2017. Trustee
commenced an adversary proceeding to deny Debtor's
discharge under § 727(a)(3), 727(a)(4), 727(a)(5) and
727(a)(6), and the bankruptcy court entered a default
judgment on May 23, 2018, after Debtor failed to respond to
the complaint. Finally, on ...