Opinion
CASE NO. 11-20479
07-12-2017
IN RE: R D HOSPITALITY, LLC d/b/a Sleep Inn Debtor in Possession
Chapter 11
MEMORANDUM RULING
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.
SO ORDERED.
SIGNED July 12, 2017.
/s/ _________
ROBERT SUMMERHAYS
UNITED STATES BANKRUPTCY JUDGE