In Re Fawson
United States Bankruptcy Court, D. Utah
1Opinion of the Court
AMENDED 1 MEMORANDUM DECISION DENYING MOTIONS TO EXTEND TIME TO FILE PAPERS REQUIRED BY 11 U.S.C. § 521(a)(1)
JUDITH A. BOULDEN, Bankruptcy Judge.
These two Chapter 7 cases raise the issue of the extent of the Court’s discretion regarding the automatic dismissal of a case pursuant to 11 U.S.C. § 521(i). 2 The debtors failed to timely file all information required by § 521(a)(1), and no one sought an extension of the time to file the papers until more than 45 days after the petitions were filed. Because the Court finds that no discretion exists under the circumstances of Webster’s and Fawson’s…
2Cases cited9 opinions
- United States v. Cardinal Mine Supply, Inc.Court of Appeals for the Sixth Circuit · 1990
- In Re Pacific Atlantic Trading Co., Debtor. United States of America, Claimant-Appellant v. Robert F. Towers, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1994
- In Re Commercial Financial Services, Inc.United States Bankruptcy Court, N.D. Oklahoma · 2000
- In Re HarrisUnited States Bankruptcy Court, D. Idaho · 2000
- Northeast Office & Commercial Properties, Inc. v. Smith Valve Corp. (In Re Northeast Office & Commercial Properties, Inc.)United States Bankruptcy Court, D. Massachusetts · 1995
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3Cited by23 opinions
- Simon v. Amir (In Re Amir)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
- Wirum v. Warren (In Re Warren)Court of Appeals for the Ninth Circuit · 2009
- Segarra-Miranda v. Acosta-Rivera (In Re Acosta-Rivera)Court of Appeals for the First Circuit · 2009
- In Re ParkerUnited States Bankruptcy Court, N.D. Georgia · 2006
- In Re OttUnited States Bankruptcy Court, D. Colorado · 2006
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