- 11 U.S.C.
In re Long
Oct
08
2010
Ruling
Debtor's request to excuse filing of Schedules I and J due to one time retirement account withdrawal denied.
Procedural posture
Debtors filed a petition under Chapter 13 of the Bankruptcy Code, and they asked the court to excuse them from duties they had under 11 U.S.C.S. §§ 521(a)(1)(B)(ii) and 101(10A)(A)(i) to file the form for reporting their monthly income (Schedule I), the form for reporting their monthly expenses (Schedule J), and the form for reporting their monthly disposable income (Official Bankr. Form 22).
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Court
:
- 11 U.S.C.
In re Ferro
Dec
03
2009
Ruling
Dismissal vacated where debtor's counsel failed to properly advise debtor on bringing failure to receive payment advices to the attention of the court.
Procedural posture
The court held a hearing on debtor's emergency motion to vacate chapter 13 dismissal order. Two individuals opposed the motion.
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Court
:
- 11 U.S.C.
In re Wassah
Sep
17
2009
Ruling
Court refused to vacate dismissal of debtors' cases for failure to file required documentation.
Procedural posture
Two debtors filed motions to vacate the orders dismissing each of their respective bankruptcy cases.
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Court
:
- 11 U.S.C.
In re Ruiz
Jun
26
2009
Ruling
Debtor's failure to disclose property at creditor's meeting that it later claimed as exempt did not constitute bad faith.
Procedural posture
The chapter 7 trustee objected to an amended exemption of real property claimed by debtors. The trustee contended that debtors were judicially estopped from claiming the exemption based on the fact that debtors did not disclose the property until after the trustee did his own research and inquired about the property at the meeting of creditors, and that debtors amended their exemptions in bad faith.
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Court
:
- 11 U.S.C.
In re Hoff
Mar
23
2009
Ruling
Filing of Schedule I excused to allow court to set current monthly income of debtors with recent involuntary decrease in income.
Procedural posture
The debtors brought a motion to excuse the requirement, under 11 U.S.C.S. § 521(a)(1)(B), of filing a Schedule I, and for setting an alternative date for determining current monthly income under 11 U.S.C.S. § 101(10A)(A)(ii). A creditor objected to excusing the required filing of Schedule I.
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Court
:
- 11 U.S.C.
Segarra-Miranda v. Acosta-Rivera (In re Acosta-Rivera)
Feb
19
2009
Ruling
Bankruptcy court may excuse debtor's compliance with disclosure requirements.
Procedural posture
Appellees, debtors, filed a joint chapter 7 petition. When appellant trustee proposed settlement of the debtors' chose in action, the debtors moved for dismissal under 11 U.S.C.S. § 521(i)(2). The bankruptcy court denied the debtors' motion to dismiss and excused the detailed disclosure by ordering the debtors to do "otherwise" under § 521(a)(1)(B). The United States District Court for the District of Puerto Rico reversed. The trustee appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Scalise
Oct
30
2008
Ruling
Case dismissed due to debtor's failure to provide paystub covering petition date.
Procedural posture
The trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy case for failure to comply with 11 U.S.C.S. § 521(a)(1)(B)(iv) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
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Court
:
- 11 U.S.C.
In re Kruitbosch
Aug
29
2007
Ruling
Debtor's failure to download pay stub from employer's web site for filing as payment advice resulted in dismissal.
Procedural posture
A chapter 13 trustee questioned the sufficiency of a debtor's filing of payment advices under 11 U.S.C. § 521(a)(1)(B)(iv).
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Court
:
- 11 U.S.C.
In re Bonner
Aug
17
2007
Ruling
Debtor's case dismissed for failure to timely file payment advice despite good faith effort to comply.
Procedural posture
Movant, the chapter 7 trustee, asked the court to dismiss a chapter 7 petition filed by debtors, a married couple. The motion was based on debtors'alleged failure to comply with the requirement in 11 U.S.C. § 521(a)(1)(B)(iv) that they file copies of all evidence of payments received from any employer during the 60 days prior to the filing of their bankruptcy petition.
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Court
:
- 11 U.S.C.
In re Neil
Aug
09
2007
Ruling
Sixty-day period for filing payment advices does not include day of filing.
Procedural posture
The chapter 13 trustee filed an objection to confirmation of the debtors'chapter 13 plan on the ground that the husband debtor (debtor) failed to timely file all pay advices required by 11 U.S.C. § 521(a)(1)(B)(iv). The issue was whether the day of filing was included in calculating the 60 days worth of payment advices that the debtor was required to file under 11 U.S.C. § 521(a)(1)(B)(iv).
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Court
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