§ 521(i)

Lugo, In re

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.)
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Consumer case opionion summary, case decided on November 08,2018, LexisNexis #0119-034

In re Deaurora

Ruling: 
Relief from stay granted to allow for resolution of creditor's long-running dispute with debtor.
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Consumer case opionion summary, case decided on April 10,2015, LexisNexis #0515-008

Soto v. Doral Bank (In re Soto)

During a hearing on confirmation of appellant bankruptcy debtors' plan, appellee creditor orally moved for automatic dismissal of the debtors' chapter 13 bankruptcy case pursuant to 11 U.S.C.S. § 521(i) based on the debtors' failure to provide employment payment advices. The debtors appealed the order of the U.S. Bankruptcy Court for the District of Puerto Rico which dismissed the debtors' case.
Ruling: 
Case was properly dismissed due to debtor's failure to provide employment payment advices.
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Consumer case opionion summary, case decided on May 08,2013, LexisNexis #0613-049

In re Bliek

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).
Ruling: 
Debtor could not seek to use automatic dismissal for failure to file required information in order to avoid court ordered sale of property.
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Consumer case opionion summary, case decided on March 08,2011, LexisNexis #0611-010

Community Bank v. Riffle

The U.S. District Court for the Western District of New York affirmed a bankruptcy court's denial of appellant creditor's motion to confirm an automatic dismissal of appellee debtor's Chapter 13 bankruptcy case pursuant to 11 U.S.C.S. § 521(i)(1). The creditor argued that contrary to 11 U.S.C.S. § 521(a)(1)(B)(iv), the debtor failed to file copies of all payment advices he received from his employer within 60 days before the bankruptcy was filed.
Ruling: 
Debtor's most recent payment advice that summarized year-to-date earnings properly held to satisfy filing requirement.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on August 09,2010, LexisNexis #1010-112

Simon v. Amir (In re Amir)

Appellant, the pro se Chapter 7 debtor, sought to challenge numerous orders of the United States Bankruptcy Court for the Northern District of Ohio. The primary issues that were reviewable were whether the bankruptcy court erred in denying debtor's emergency motion to strike the petition, and retroactively annulled the automatic stay, and in denying his emergency motion to dismiss the case pursuant to 11 U.S.C.S. § 521(i).
Ruling: 
Bankruptcy court properly denied motion for dismissal on grounds of forged signature on petition where debtor's conduct validated filing.
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Consumer case opionion summary, case decided on August 05,2010, LexisNexis #1010-111

Wirum v. Warren (In re Warren)

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).
Ruling: 
Bankruptcy court had discretion to waive 45-day deadline for filing list of creditors and financial statements.
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Consumer case opionion summary, case decided on June 18,2009, LexisNexis #0709-079

In re Richardson

A debtor filed for relief under chapter 7 of the Bankruptcy Code. The court addressed whether or not the automatic dismissal provisions of 11 U.S.C.S. § 521(i) applied to the debtor's proceeding.
Ruling: 
Last pay advice that contained all necessary information satisfied debtor's filing requirements.
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Consumer case opionion summary, case decided on May 04,2009, LexisNexis #0709-011

In re Gilbert

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.
Ruling: 
Late filing with clerk of pay stubs previously provided to and returned by trustee was not grounds for dismissal.
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Consumer case opionion summary, case decided on April 10,2009, LexisNexis #0609-115

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