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§ 521(a)(1)(B)

In re Reynolds

Jun
05
2007
Ruling
Dismissal for failure to file payment advices not required given other evidence of payment received.
Procedural posture

A chapter 13 trustee requested dismissal of the bankruptcy case due to the debtor's failure to timely file his pay stubs, pursuant to 11 U.S.C. § 521(a)(1)(B)(iv).

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opinion summary, case decided on June 05, 2007 , LexisNexis #0807-009
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Beacher v. Pena (In re Beacher)

Jan
26
2007
Ruling
Filing of Form B22A not required where debts are not primarily consumer debts.
Procedural posture

Chapter 7 bankruptcy debtors moved to excuse filing a Form B22A calculation to determine whether a presumption of abuse arose, and other chapter 7 debtors in a separate case moved to vacate a dismissal of their case for failing to file a timely Form B22A. All of the debtors asserted that the requirement to file Form B22A did not apply since their debt was not primarily consumer debt, and the bankruptcy courts conducted a joint hearing.

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Court :
( Judge Steen ) [ Bankruptcy Court ]
opinion summary, case decided on January 26, 2007 , LexisNexis #0307-042
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In re Moates

Jan
27
2006
Ruling
Debtors whose debts were not primarily consumer debts were not required to file a statement of current monthly income as the filing of schedules I and J provided redundant information and, thus, satisfied that requirement.
Procedural posture

Debtors in two bankruptcy cases submitted to the court the question of whether they were required under 11 U.S.C. § 521(a)(1)(B)(v), as individual debtors whose debts were primarily business debts, to file a statement of current monthly income. The question was before the court for decision.

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opinion summary, case decided on January 27, 2006 , LexisNexis #0206-058
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