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In re Gilbert

In re Gilbert

Ruling
Late filing with clerk of pay stubs previously provided to and returned by trustee was not grounds for dismissal.
Procedural posture

Movant, the chapter 7 trustee, asked the court to dismiss debtor's case pursuant to 11 U.S.C.S. § 521(i)(2) for failure to file certain pay stubs with the clerk of the bankruptcy court despite the fact that debtor had presented the materials to the trustee. At issue, inter alia, was whether the trustee was estopped from seeking dismissal.

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Consumer opinion summary, case decided on April 10, 2009 , LexisNexis #0609-115