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Opinion 488

Case Name: 

In re Fawson, In re Webster, 338 B.R. 505 (Bankr. D. Utah)

Judge: 
Judge Boulden
Date: 
Feb-21-2006
Case Number(s): 
05-80224, 05-80217
Status: 

PUBLISHED

Body: 

Chapter 7 debtors failed to file their payment advices within 45 days of filing their petitions. The debtors filed motions or requests to enlarge the time to file their payments advices (which are required to be filed within 15 days of filing the petition) but these requests were not made until the 45-day time limit articulated in 11 U.S.C. § 521(i)(1) had expired. The Court found that the belated requests for enlargement of time due to excusable neglect were time barred, and that § 521(i)(1) mandates the dismissal of cases when debtors fail to timely comply with the requirements of § 521(a)(1). In the absence of a § 521(i)(3) or (4) motion, and at the expiration of the 45-day time period, the cases were dismissed by operation of the statute effective the 46th day after filing.

Internal Ref: 
Opinion 488
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