- 11 U.S.C.
Lugo, In re
Nov
08
2018
Ruling
Debtor's motion to reconsider denied where the required information had not been filed by the statutory deadline and case was automatically dismissed by operation of law. (Bankr. N.D. Ind.)
Issue(s)
Debtor’s Duties; Individual Voluntary Debtor’s Failure to File in Chapter 7 or Chapter 13 Case; Dismissal on Motion of Party in Interest.
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Court
:
- 11 U.S.C.
In re Benton
Feb
12
2016
Ruling
Failure of debtors to sign petition was not grounds for voluntary dismissal.
Issue(s)
Could debtors voluntarily dismiss their case as invalid due to their failure to sign the original petition?
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Court
:
- 11 U.S.C.
In re Bliek
Mar
08
2011
Ruling
Debtor could not seek to use automatic dismissal for failure to file required information in order to avoid court ordered sale of property.
Procedural posture
A chapter 7 debtor filed a motion to dismiss under 11 U.S.C.S. § 521(i)(1) on the basis that he failed to file all of the information required under 11 U.S.C.S. § 521(a)(1).
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Court
:
- 11 U.S.C.
Wirum v. Warren (In re Warren)
Jun
18
2009
Ruling
Bankruptcy court had discretion to waive 45-day deadline for filing list of creditors and financial statements.
Procedural posture
Appellant bankruptcy trustee sought review of a judgment from the District Court for the Northern District of California which reversed the bankruptcy court's denial of appellee debtor's motion to dismiss his chapter 7 bankruptcy case after finding that dismissal was mandatory under 11 U.S.C.S. § 521(i)(1).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Simon v. Wells Fargo Bank (In re Amir)
Mar
17
2009
Ruling
Failure to file disclosures did not require automatic dismissal where debtor had engaged in abusive conduct.
Procedural posture
Pro se bankruptcy debtor moved for automatic dismissal of his case under 11 U.S.C.S. § 521(i)(1) based on his failure to provide the disclosures required under that section. The debtor also moved for stays pending his appeal of an order avoiding a transfer of property by the debtor and his appeal of rulings which denied the debtor's motions to dismiss his case and to void a sale of property of the debtor.
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Court
:
- 11 U.S.C.
In re Ober
Jun
27
2008
Ruling
Trustee barred from seeking dismissal of converted chapter 7 case for failure to file payment advices after failing to raise issue at preconversion chapter 13 plan confirmation.
Procedural posture
A chapter 7 trustee filed a motion to dismiss a debtor's chapter 7 bankruptcy case for failure to file copies of all of the payment advices that the debtor received during the 60 days prior to the commencement of his bankruptcy proceeding, pursuant to 11 U.S.C.S. § 521(i)(1).
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Court
:
- 11 U.S.C.
Miller v. Cameron (In re Miller)
Mar
18
2008
Ruling
Dismissal for failure to file single payment advice reversed as year-to-date information on final stub was sufficient evidence of payment.
Procedural posture
Appellant debtor sought review of a decision of the United States Bankruptcy Court for the District of Utah, which dismissed his chapter 7 bankruptcy case under 11 U.S.C.S. § 521(i)(1) for noncompliance with § 521(a)(1)(B)(iv).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Riffle
Jan
24
2008
Ruling
Filing of most recent pay stub and earnings report satisfied requirement for filing of payment advices.
Procedural posture
A secured creditor of chapter 13 debtors, a husband and wife, filed a motion seeking automatic dismissal of the debtors' case pursuant to 11 U.S.C.S. § 521(i)(1).
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:
- 11 U.S.C.
In re Miller
Jul
12
2007
Ruling
Case dismissed for failure to file payment advice despite debtor's efforts at substantial compliance.
Procedural posture
The court inquired into whether a chapter 13 debtor complied with the filing requirements of 11 U.S.C. § 521(a)(1). The debtor claimed to have complied and, alternatively, challenged the constitutionality of the automatic dismissal provision of section 521(i)(1).
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:
- 11 U.S.C.
In re Hall
Apr
23
2007
Ruling
Case automatically dismissed on 46th day after petition date due to failure to provide information omitted from schedules.
Procedural posture
Chapter 7 debtor filed a motion requesting that the court enter an order reflecting that the bankruptcy case had been automatically dismissed on the 46th day after the petition date under 11 U.S.C. § 521(i)(1) due to debtor's failure to comply with the provisions of section 521(a).
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Court
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