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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

IN RE:

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MARY E. SIMMONS, Debtor * * * * * * * * CIVIL NO. H-00-3562 Bankruptcy No. 99-65737-SD * *

MARY E. SIMMONS Appellant vs. ELLEN W. COSBY Appellee

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MEMORANDUM OPINION In this bankruptcy appeal, appellant Mary E. Simmons

("Simmons"), who is the debtor and who is proceeding pro se, has challenged an Order entered by the United States Bankruptcy Court for the District of Maryland in her bankruptcy case. Appellant Simmons filed a Chapter 13 case in Bankruptcy Court on December 6, 1999. Ellen W. Cosby was appointed Trustee and

later filed a motion to dismiss the case for failure of Simmons to commence Plan payments. By Order dated November 9, 2000,

Bankruptcy Judge E. Stephen Derby dismissed appellant's Chapter 13 case on several grounds. Simmons has now appealed to this Court from Judge Derby's Order dismissing her Chapter 13 case. A brief in support of the

appeal has been submitted by appellant, and appellee Cosby has now filed a brief in opposition. Following its review of the

parties' briefs and the record here, this Court has determined that no oral argument is necessary for a decision in this appeal. See Bankruptcy Rule 8012. For the reasons stated

herein, the Order of the Bankruptcy Court of November 9, 2000 will be affirmed. In his Order of November 9, 2000, Judge Derby dismissed appellant's Chapter 13 case pursuant to 11 U.S.C.

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