Click for NEW YORK, New York Forecast

LegalConsumer.com Bankruptcy Research Notes - Beta 0.08 - (1300+ cases & articles, and counting...)

Topics:

Topic #58:

Keywords: procedure . dismissal .

Filing Requirements >> Paperwork required

  • Topic Overview
  • 5 Cases on This Topic
  • ?

Filing Requirements >> Paperwork required

5 Cases , IssueID 58

Topic Description:

Kinds of paperwork that must be submitted to complete your bankruptcy petition, and when those requirements can be waived.

Lines of Cases:

A:

Re: tax returns

B::

Undocumented Claims

C:

pay stubs

D:

Mailing Matrix

E:

"Everything else..."

  • Type A = Re: tax returns
  • Type B = Undocumented Claims
  • Type C = pay stubs
  • Type D = Mailing Matrix
  • Type E = "Everything Else"
  • Cases for Zip
  • All Cases By Date
  • Cases A - Z

Cases for Zip , California Northern District Bankruptcy Court

Ninth Circuit Cases

� Wirum v. Warren (Matter of Warren)

9th Cir - 568 F.3d. 113 - 2009-06-18 - 7 ,

Google ID#: 15548068890015101052
(Type : )

Bankruptcy courts may waive Section 521(a)(1) filing requirements at any time.

Other Circuits

� Wilcox v. Anderson (In re Wilcox)

B.A.P. 10th Cir. - No. 10-32828; 2011 WL 3347772 - 2011-08-04 - 13 ,

Google ID#: 4963440558553313335
(Type D : Mailing Matrix )

� In re Wallace

Bankr. M.D.N.C. - No. 10-81205C-13D - 2010-09-14 - ,

Google ID#: 4894869650272322628
(Type E : )

Chapter 13 petition that was dismissed due to failure to submit schedules with in 45 days (because of attorney's mistake) cannot be reinstated. A dismissal order persuant to section 521(i) is not subject to being vacated based on a party's mistake, inadvertence, or excusable neglect.

� In re Riffle

2nd CIr. - 617 F.3d 171 - 2010-08-09 - ,

Google ID#: 8626648710209104655
(Type C : pay stubs )

One pay stub (with proper backup documentation) can satisfy the requirements of section 521(a)(1) that asks for "copies of all payment advances or other evidence of payment received within 60 days before the date of filing of the petition"

� In re Cushing

1st Cir.B.A.P. - 401 B.R. 528 - - ,

Google ID#: 2794311154999574742
(Type A : Re: tax returns )

Regarding Section 1308 and filing past year tax returns: includes tax year before petition year, even if return not yet due; dismissal mandatory on motion.

� Wilcox v. Anderson (In re Wilcox)

B.A.P. 10th Cir. - No. 10-32828; 2011 WL 3347772 - 2011-08-04 - 13 ,

Google ID#: 4963440558553313335
(Type D : Mailing Matrix )

� In re Wallace

Bankr. M.D.N.C. - No. 10-81205C-13D - 2010-09-14 - ,

Google ID#: 4894869650272322628
(Type E : )

Chapter 13 petition that was dismissed due to failure to submit schedules with in 45 days (because of attorney's mistake) cannot be reinstated. A dismissal order persuant to section 521(i) is not subject to being vacated based on a party's mistake, inadvertence, or excusable neglect.

� In re Riffle

2nd CIr. - 617 F.3d 171 - 2010-08-09 - ,

Google ID#: 8626648710209104655
(Type C : pay stubs )

One pay stub (with proper backup documentation) can satisfy the requirements of section 521(a)(1) that asks for "copies of all payment advances or other evidence of payment received within 60 days before the date of filing of the petition"

� Wirum v. Warren (Matter of Warren)

9th Cir - 568 F.3d. 113 - 2009-06-18 - 7 ,

Google ID#: 15548068890015101052
(Type : )

Bankruptcy courts may waive Section 521(a)(1) filing requirements at any time.

� In re Cushing

1st Cir.B.A.P. - 401 B.R. 528 - - ,

Google ID#: 2794311154999574742
(Type A : Re: tax returns )

Regarding Section 1308 and filing past year tax returns: includes tax year before petition year, even if return not yet due; dismissal mandatory on motion.

All Cases A to Z


FAQ/Help:

How to use case law (it can be tricky)

If you're not familiar with what "case law" is, and how to use it, check out Chapter 7 of Nolo's LegalResearch: How to Find and Understand the Law for a guide to how to read through a case to get the parts that matter.

Also, you need to be familiar with the concept of "jurisdiction." Here are some helpful links:

When you read a case, check to make sure that the case's decision applies to your local district. Do this by looking at which court has decided the case -- either the U.S. Supreme Court, a court of appeal (listed here in large type), or a district court (listed in small type).  Your local district court judge is not bound to follow the opinion of judges from other district courts, but often they look to these cases for advice. Your local district, however, is bound  to follow decisions in cases from it governing circuit court. You'll see fairly few Supreme Court case here, but those cases are also binding on all districts."

Are these all the bankruptcy cases there are?

NO! NO! NO! This is a start for your research. New cases are constantly being decided. I update this when I have time. This is only a fraction of the actual published opinions out there. Dozens of cases are handed down nationwide every week. I catalog interesting ones when I have time. They are meant to serve as a starting point for your research -- NOT as a comprehensive listing of the current state of the law.

 

DISCLAIMER. By using this database you acknowledge and agree to the following:

This database does not contain every relevant case in every district on the topics covered; there are high priced services for that. This is free. It is offered to the public "as is" as an adjunct to the Nolo books, How to File Chapter 7 Bankruptcy, and Chapter 13 Bankruptcy: Keep Your Property and Repay Your Debts Over Time (10th Edition, 2010): which I co-author with attorney Stephen Elias.

This database is updated as time permits. Do not assume that it has the latest case in your district. We are still filling holes in the database -- and will always be. Use it as a place to start your reasearch, rather than the final answer to your question.

Some of these issues involve the discretion of the judge which can vary from judge to judge. So, even if you find a case just like yours where a judge went your way, as they say in the car biz, "your mileage may vary..."

If you're not familiar with what "case law" is, and how to use it, check out Chapter 7 of Nolo's LegalResearch: How to Find and Understand the Law for a guide to how to read through a case to get the parts that matter.

For more help, click the "?" tab.