IN RE R D HOSPITALITY, LLC

Case No. 11-20479.

IN RE: R D HOSPITALITY, LLC d/b/a Sleep Inn, Chapter 11, Debtor in Possession.

United States Bankruptcy Court, W.D. Louisiana.


Attorney(s) appearing for the Case

R. D. Hospitality, LLC, Debtor, represented by Wade N. Kelly .

Office of U. S. Trustee, U.S. Trustee, represented by Richard Drew , U. S. Trustee.


MEMORANDUM RULING

ROBERT SUMMERHAYS, Bankruptcy Judge.

The question before the court is whether a Chapter 11 debtor must pay quarterly fees to the United States Trustee under 28 U.S.C. § 1930(a)(6) in a case that was closed with the entry of a final decree and then subsequently re-opened to seek relief from the court. The court addressed this question in In re Chandni, LLC, No. 12-21050 (Bankr. W.D. La.) and held that quarterly fees are due for cases that are re-opened by order of the court. Accordingly, quarterly fees were due under section 1930(a)(6) once the case was re-opened. The debtor has failed to pay those fees. Failure to pay the quarterly fee is a ground to convert or dismiss the case under 11 U.S.C. § 1112(b)(4)(K). The debtor has thirty (30) days to pay past due quarterly fees in full. In default, the U.S. Trustee is authorized to submit an order converting the case to a case under Chapter 7 or dismissing the case.

IT IS SO ORDERED.


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