E.DIGITAL CORPORATION, A DELAWARE CORPORATION
CHAPTER 7 TRUSTEE'S MOTION TO DISMISS CHAPTER 7 CASE
17-04075-LT7
The Motion Requesting Dismissal of Chapter 7 Case filed by Christopher R. Barclay, Chapter 7 Trustee ("Trustee")
[Docket 27] was filed on August 24, 2017 for hearing before the Honorable Laura S. Taylor, United States Bankruptcy Judge
on September 21, 2017 at 10:00 am, in the above-entitled Court. Pursuant to the Order on Stipulation to Continue Hearing on
Motion Requesting Dismissal entered on September 8, 2017, the hearing on the Chapter 7 Trustee’s Motion Requesting
Dismissal of Chapter 7 Case was continued from September 21, 2017 at 10:00 am to October 5, 2017 at 10:00 am [Docket
31]. On September 8, 2017, the Debtor filed an Opposition to the Motion Requesting Dismissal [Docket 33]. On September
15, 2017, the Trustee filed a Reply to the Debtor's Opposition [Docket 39].
At the continued hearing on October 5, 2017, Christopher R. Barclay appeared as the Trustee. Kerry Moynihan, Esq.
appeared as attorney for the Debtor.
The Court having reviewed and considered (i) the Trustee's Motion Requesting Dismissal of Chapter 7 Case, (ii) the
Opposition filed by the Debtor, (iii) the Trustee's Reply to the Debtor's Opposition, and (iv) the record of this entire case,
posted her tentative ruling prior to the continued hearing indicating the Court's inclination to grant the motion. The parties
provided oral argument. Hearing no argument to change the tentative ruling, and for good cause appearing;
IT IS HEREBY ORDERED that:
1. The Trustee's Motion Requesting Dismissal of Chapter 7 Case is granted.
2. The above entitled chapter 7 case is dismissed pursuant to 11 U.S.C. Section 707(a) and 11 U.S.C. 105(a), with a bar to re-filing within 180 days pursuant to 11 U.S.C. 109(g)(1).
IT IS SO ORDERED.
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LATEST NEWS FROM THE COURT RULING
The Delaware case dismissed entirely!
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Latest Pacer News: Trustee hereby withdraws his Notice of Proposed Abandonment of Property!
Richard M Kipperman
P.O. Box 3010
La Mesa, CA 91944
(619) 668-4500
Chapter 7 Trustee
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA
In re: ) CASE NO.: 17-04073-LT7
)
e.DIGITAL CORPORATION, a California )
Corporation, ) NOTICE OF WITHDRAWAL
) OF TRUSTEE’S NOTICE OF
) PROPOSED ABANDONMENT
) OF PROPERTY
Debtor. )
_____________________________________ )
PLEASE TAKE NOTICE that on September 7, 2017, trustee Richard M
Kipperman filed with this court his Notice of Proposed Abandonment of Property, at
docket entry #20, in the above-entitled bankruptcy estate.
PLEASE TAKE FURTHER NOTICE that the trustee hereby withdraws his Notice of Proposed Abandonment of Property.
DATED: October 9, 2017 /s/ Richard M Kipperman
RICHARD M KIPPERMAN
Chapter 7 Trustee
