- 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).
ABI Membership is required to access the full summary of In re Riffle Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ackerman
Aug
23
2007
Ruling
Dismissal for failure to file payment advices waived on trustee's motion where administration would benefit creditors.
Procedural posture
The chapter 7 trustee filed a motion pursuant to 11 U.S.C. § 521(i)(4) to request that the court defer the automatic dismissal that would otherwise have occurred when a debtor failed to file payment advices or other evidence of wages received during the 60 days prior to a bankruptcy filing.
ABI Membership is required to access the full summary of In re Ackerman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In Wojda
Jul
13
2007
Ruling
Failure to file all required payment advices did not warrant dismissal due to reflection of constant pattern of compensation and "year-to-date"figures encompassing 60-day period.
Procedural posture
Debtor filed a voluntary petition for relief under chapter 13 and the court approved confirmation of his plan. Pending was a creditor's motion to dismiss the bankruptcy case. The dispute involved the substantive grounds for the dismissal of a bankruptcy case under 11 U.S.C. § 521(i), as well as the procedural requirements for consideration of a request for an order confirming this outcome.
ABI Membership is required to access the full summary of In Wojda Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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).
ABI Membership is required to access the full summary of In re Miller Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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).
ABI Membership is required to access the full summary of In re Hall Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Brickely
Mar
01
2007
Ruling
Bankruptcy court declined to dismiss case for debtor's inadvertent failure to file two payment advices.
Procedural posture
Movant creditor sought an order confirming the automatic dismissal of the chapter 13 bankruptcy case based on one of the debtor's failure to comply with 11 U.S.C. § 521(i), where she inadvertently failed to timely submit two payment advice statements. The trustee and debtors moved the court to deny the dismissal order, asserting debtors promptly complied with the requirement and acted in good faith.
ABI Membership is required to access the full summary of In re Brickely Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Cloud
Nov
29
2006
Ruling
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
Court
:
- 11 U.S.C.
In re Luders
Nov
27
2006
Ruling
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
Court
:
- 11 U.S.C.
In re Monroe
Nov
13
2006
Ruling
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
Court
:
- 11 U.S.C.
In re Lovato
May
08
2006
Ruling
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
Court
: