Keywords: procedure . dismissal .
Filing Requirements >> Paperwork required5 Cases , IssueID 58 |
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Topic Description:Kinds of paperwork that must be submitted to complete your bankruptcy petition, and when those requirements can be waived. Lines of Cases:
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Bankruptcy courts may waive Section 521(a)(1) filing requirements at any time.
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.
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"
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.
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.
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"
Bankruptcy courts may waive Section 521(a)(1) filing requirements at any time.
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.
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