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UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

)

S.P. TRUCKING LLC, ) Case No. 19-10521-BFK

) Chapter 11

Debtor. )

ORDER DISMISSING CASE WITH PREJUDICE

Before the Court is its Order to Show Cause why this bankruptcy case should not be 

dismissed with prejudice for an additional period of time and why further sanctions should not be 

imposed due to the Debtor filing the present case in violation of this Court’s Order dismissing

the Debtor’s previous case and barring it from re-filing for a period of 180 days. Docket No. 12.

This is the Debtor’s third bankruptcy case.1 On December 13, 2018, the Court entered an 

Order dismissing the Debtor’s previous bankruptcy case with prejudice to refiling another case 

for a period of 180 days. Case No. 18-13386-KHK, Docket No. 23.

On February 19, 2019, within the 180 day “with prejudice” period, the Debtor filed a 

Voluntary Petition under Chapter 11. Docket No. 1. On February 21, 2019, the Court entered an 

Order for the Debtor Designee to Appear and Show Cause why the Debtor’s case should not be 

dismissed and why further sanctions should not be imposed. Docket No. 12. The Court set a 

hearing on its Order for March 12, 2019 at 11:00 a.m. The Debtor Designee did not appear at the 

March 12, 2019 hearing. The Court finds that the Debtor filed the present case in bad faith. 

Accordingly, for the reasons stated herein and on the record at the hearing, it is 

 

The other cases are: 18-11185; 18-13386.

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ORDERED:

1. This case is dismissed with prejudice to re-filing under any chapter of the 

Bankruptcy Code in this or any other court for a period of one year from the entry of this Order. 

2. The automatic stay, as provided in § 362(a), shall not apply to any case filed by or 

against the Debtor, S.P. Trucking LLC, or by or against any assignee or transferee of the 

Debtor’s property during the one-year period in which the Debtor is barred from filing. 

3. If the Debtor violates the one-year bar from re-filing as stated in this Order, the 

Court will make a criminal referral to the U.S. District Court for contempt of court under 18 

U.S.C. § 401(3)2

.

4. The Debtor is advised that it will have 14 days from the entry of this Order to 

appeal by filing a Notice of Appeal with the Clerk of the Bankruptcy Court.

5. The Clerk will mail a copy of this Order to the parties provided below.

Date: ________________ _______________________________

Brian F. Kenney

Alexandria, Virginia United States Bankruptcy Judge

 

2 Section 401(3) provides: A court of the United States shall have power to punish by fine or imprisonment, or both, 

at its discretion, such contempt of its authority, and none other, as—

(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

18 U.S.C. § 401(3).

Mar 20 2019 /s/ Brian F. Kenney

Entered on Docket: March 21, 2019

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Copies to:

S.P. Trucking LLC

c/o Samuel Palomino, Debtor Designee 

7140 Taylor Road 

Falls Church, VA 22043 

Chapter 11 Debtor

Joseph A. Guzinski

Office of the U.S. Trustee - Region 4 

1725 Duke Street 

Suite 650 

Alexandria, VA 22314

Assistant United States Trustee

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