Legal Opinion

In Re Miller

United States Bankruptcy Court, D. Utah

Decided July 12, 2007No. 07-20270PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM DECISION FINDING NONCOMPLIANCE WITH § 521(a)(l)(B)(iv) AS TO BRANDON L. MILLER ONLY

JUDITH A. BOULDEN, Bankruptcy Judge.

This case once again requires the Court to visit the automatic dismissal provisions of 11 U.S.C. § 521(a)(l)(B)(iv) and (i). 1 The Debtors argue that the documents filed by Brandon L. Miller (Miller) constitute statutorily sufficient “other evidence of payment” and challenge the constitutionality of automatic dismissals of bankruptcy cases. The Court concludes that neither argument is persuasive and that Miller’s case was automatically dismissed on the 46th day…

2Cases cited16 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Hamdi v. RumsfeldSupreme Court of the United States · 2004
  3. American Manufacturers Mutual Insurance v. SullivanSupreme Court of the United States · 1999
  4. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  5. United States v. KrasSupreme Court of the United States · 1973

11 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In Re WitekUnited States Bankruptcy Court, N.D. Ohio · 2007
  2. Miller v. Cameron (In Re Miller)Bankruptcy Appellate Panel of the Tenth Circuit · 2008

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