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In re Luders (Case No. 06-50287) 12/5/2006

Pursuant to 11 U.S.C. § 521(a)(1)(B)(iv), and Standing Order #6 entered by this Court on October 14, 2005, the debtors are required to file with the trustee “copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition, by the debtor from any employer of the debtor.”  Pursuant to 11 U.S.C. § 521(i), if the debtors fail to file the payment advices within 45 days of the date of the filing of the petition, “the case shall be automatically dismissed effective on the 46th day after the date of the filing of the petition.”  The trustee moved for administrative/automatic dismissal pursuant to Section 521(i).  The Court denied the trustee's motion, finding that the debtors timely filed "copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition" with the trustee.  The Court held that the pay stubs previously submitted to the trustee, along with the year-to-date totals found on these pay stubs, constitute "other evidence of payment" sufficient to satisfy the requirements of 11 U.S.C. § 521(a)(1)(B)(iv).

Date: 
Tuesday, December 5, 2006
Category: 
Dismissal
Chapter: 
13