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Topics:

Keywords: procedure . dismissal .

Topic #58:: Filing Requirements >> Paperwork required

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  • 5 Cases on This Topic
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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


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