Case dismissed due to debtors' failure to timely file required copies of payment advices.
Procedural posture
The court noted that 11 U.S.C. § 521(i)(1) provided for the automatic dismissal of voluntary individual cases effective on the 46th day after the date of the filing of the petition if the documents described in 11 U.S.C. § 521(a)(1) were not filed within 45 days after the petition date. The court noted that it had no discretion to enlarge the time limitations of 11 U.S.C. § 521(i)(1) after the expiration of those time limitations. The husband debtor failed to timely file copies of all his payment advices as required by 11 U.S.C. § 521(a)(1)(B)(iv). As a result, the bankruptcy case as to the husband debtor was automatically dismissed by operation of statute. The wife debtor declared, under penalty of perjury, that she did not receive any payment advices or other evidence of payment from any employer at any point during the 60 days before the petition date. Accordingly, the chapter 13 case as to the wife debtor was not dismissed.
ABI Membership is required to access the full summary of
In re Cloud
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Submission of paystubs 45 days after petition was not grounds for automatic dismissal.
Procedural posture
The chapter 13 trustee filed a notice of the debtors'failure to comply with 11 U.S.C. § 521(a)(1)(B)(iv) and requested that the case be automatically dismissed, pursuant to section 521(i)(1).
ABI Membership is required to access the full summary of
In re Luders
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Late filing of required payment advices without extension resulted in dismissal.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the debtor's chapter 13 case, pursuant to 11 U.S.C. § 521(i)(1) on the ground that the debtor failed to file all payment advices required by section 521(a)(1)(B)(iv) within 45 days of the petition date.
ABI Membership is required to access the full summary of
In re Monroe
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Debtor's case was dismissed since debtor failed to timely submit payment advices under section 521(a)(1)(B)(iv).
Procedural posture
Respondent trustee filed a motion to dismiss petitioner debtor's chapter 7 bankruptcy petition for failure to submit payment advices, pursuant to 11 U.S.C. § 521(a)(1)(B)(iv) and (i). By an administrative order entered by the court on October 4, 2005, debtors were directed not to file the payment advices with the court, but to submit them to the chapter 7 trustee no later than 7 days before the date first set for the meeting of creditors.
ABI Membership is required to access the full summary of
In re Lovato
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Motion to vacate dismissal order was denied because the court did not have any discretion to enlarge the time limitations under section 521(i)(1) after the time limits under Rule 9006(b) and "excusable neglect"case law had expired.
Procedural posture
A chapter 7 matter was before the court on debtors'Motion to Vacate Order of Dismissal under Fed. R. Civ. P. 60(b), and to Permit a Late Filing under Fed. R. Bankr. P. 9006 (Motion to Vacate).
ABI Membership is required to access the full summary of
In re Ott
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Case dismissal was affirmed since debtor did not make request for extension of time to cure filing deficiencies within the allowed 45 days from filing period.
Procedural posture
In an earlier proceeding, the court dismissed the debtor's case filed under chapter 13 because the debtor did not make certain required filings and did not attend the scheduled meeting of the creditors. The debtor filed a motion to reconsider the order dismissing the case and to permit the debtor an enlargement of time to cure the filing deficiencies.
ABI Membership is required to access the full summary of
In re Williams
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Debtors'cases were dismissed since they failed to timely file all required information and their motions to extend the time to file the papers were untimely.
Procedural posture
Two chapter 7 cases were before the court. Pending were debtors'untimely motions to extend time to file papers.
ABI Membership is required to access the full summary of
In re Fawson
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Court denied the debtor's application to not have to submit certain required payment advices but with leave for the debtor to request a determination that the proceeding was not subject to automatic dismissal for failure to submit all required information.
Procedural posture
Debtor filed an application to waive the submission of some of the payment advices that he received during the sixty days prior to his bankruptcy filing. He asked that the motion be granted without a hearing. Because debtor's chapter 13 bankruptcy case was commenced after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the case was subject to the Act's provisions.
ABI Membership is required to access the full summary of
In re Bartholomew
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member