Battle

ORDER VACATING THE BANKRUPTCY COURT’S ORDER DISMISSING THE CASE AND REMANDING FOR FURTHER PROCEEDINGS

Before the Court is an appeal of the bankruptcy court’s order dismissing Appellant’s Chapter 13 bankruptcy case. For the reasons set forth below, the Court VACATES the bankruptcy court’s dismissal order and REMANDS the matter to the bankruptcy court for further proceedings consistent herewith. The April 6, 2015 Hearing on the matter is VACATED.

I. BACKGROUND

Appellant, Shelly Ann Battle (“Debtor” or “Appellant”), filed her voluntary Chapter 13 bankruptcy petition on August 1, 2014. (Doc. No. 10, (Excerpts of Record (“E.R.”)) at 13.) Debtor is a registered nurse, who has never before filed for bankruptcy. (Id. at 18.)

On August 15, 2014, Debtor filed her Chapter 13 Plan (“Plan”). (Id. at 148.) The Plan provided that Debtor would pay her creditors 100 percent of the amounts due to them over a five-year payment period. (Id. at 142.) The Plan estimated the total amount owed to unsecured creditors as $76,383.00. (Id.)

Both the meeting of creditors and the confirmation hearing were set for September 9, 2014, with the meeting of creditors to take place in the morning and the…