UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF KENTUCKY

COVINGTON DIVISION

IN RE:

DALE A. WAGENLANDER

DEBTOR                                                                               CASE NO. 05-23669

MEMORANDUM OPINION AND ORDER

           This matter is before the court on the Debtor’s Motion for Leave to Comply With Court Order Out of Time, filed herein on April 13, 2007. Creditor Dabgab Holdings, LLC (“Dabgab”) has filed an objection. An involuntary bankruptcy case was filed against the Debtor on October 10, 2005. The Debtor never responded to the filing. On November 7, 2005, the court entered an order requiring him to file schedules of assets and liabilities and a statement of financial affairs within fifteen days. He failed to comply with this order. The court then entered an Order to Show Cause on January 30, 2006 requiring the Debtor to appear and show cause why he should not be held in civil contempt for failing to obey the court’s November 7, 2005 order. The Debtor failed to appear or respond, and the court entered an order on March 10, 2006 directing that no discharge be entered in the case and that the Trustee proceed with administration of the case.

           The Debtor now asserts that at the time of the entry of the November 7, 2005 order he was not represented by counsel and had “no meaningful understanding of the court’s directive.” He further asserts that he now wishes to “cooperate in all respects with the prosecution of this case.” Dabgab states that it has no objection to the Debtor’s filing schedules and a statement of affairs. It does, however, object to any actual or implied cure of defaults, purging of contempt, or avoidance of other penalties.

           The Debtor has sought to set aside a default judgment in a companion adversary proceeding, Kendrick v. Wagenlander, et al., Adv. No. 06-2099. The court has ruled therein that the Debtor has not demonstrated that the default judgment should be set aside. The Debtor has not sought any other relief such as purging of contempt from the court, and the filing of schedules and a statement of affairs neither implies nor accomplishes any such relief. The court will allow the Debtor to file schedules and an statement of affairs out of time. It is so ordered.

Copies to:

Virginia Southgate, Esq.

L. Craig Kendrick, Esq., Trustee

Dennis C. Helmer, Esq.