Legal Opinion
In re Marcott
United States Bankruptcy Court, D. New Mexico
Decided February 19, 2016No. Case No. 15-13052 ta13PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
Hon. David T. Thuma, United States Bankruptcy Judge
Before the Court is Debtor’s request to set aside an order dismissing her Chapter 13 case. The dismissal order was entered pursuant to 11 U.S.C. § 521(i), prompted by Debtor’s failure to file a “Chapter 13 Statement of Current Monthly Income” within 45 days of the petition date. The Court concludes that the statement is not .required by § 521(a)(1), so failing to provide it did not trigger the “automatically dismissed” directive of § 521(i)(l). Because the case should not have been dismissed, the Court will grant the motion.
I…
2Cases cited22 opinions
- St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
- Phelps v. HamiltonCourt of Appeals for the Tenth Circuit · 1997
- LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
- 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
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3Cited by1 opinion
- Courtney Anne OlsenUnited States Bankruptcy Court, D. Utah · 2020