You are here

Opinion 515

Case Name: 

In re Miller

Judge: 
Judge Boulden
Date: 
Jul-12-2007
Case Number(s): 
07-20270
Status: 

PUBLISHED

Body: 

Chapter 13 debtor attempted to comply with 11 U.S.C. § 521(a)(1)(B)(iv) by filing three of the four payment advices he received during the 60 days prepetition, arguing that the year-to-date information on the fourth payment advice constituted adequate “other evidence of payment” as to the information that would be contained on the missing third payment advice. The Court rejected the debtor's interpretation of the statute, holding that the plain language of § 521(a)(1)(B)(iv) is focused on the evidence received from an employer during the 60-day prepetition period rather than the payment received during that period. Further, evidence from the employer must be for the specific pay period, and a non-employer's extrapolation of what the pay advice might have shown using other data received from the employer is insufficient. The Court also rejected the debtor's alternative arguments that the automatic dismissal provision in § 521(i)(1) is unconstitutional both facially and as applied in the debtor's case as a violation of procedural due process. As such, the debtor's case was automatically dismissed by § 521(i)(1) on the 46th day after the petition was filed

Internal Ref: 
Opinion 515
File: