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§ 521(i)(2)

In re Gilbert

Apr
10
2009
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
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In re Spencer

May
13
2008
Ruling
Dismissal for failure to file required schedules and statements was effective on date of order, not on earlier expiration of 45-day deadline.
Procedural posture

The court had already entered an order granting the United States Trustee's motion, pursuant to 11 U.S.C.S. § 521(i)(2), to dismiss the debtor's case on the basis of 11 U.S.C.S. § 521(i)(1). At issue was the proper date on which the dismissal should be deemed to have become effective, the date the order was entered, or 45 days following the date on which the petition was filed.

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Consumer opinion summary, case decided on May 13, 2008 , LexisNexis #0808-012
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