Section 521(i)(1) (a BAPCPA addition to the Code) provides that if a debtor in a chapter 13 case fails to file the documents required by section 521(a)(1) “the case shall be automatically dismissed effective on the 46th day after the date of the filing of the petition.” But does a court really lack discretion to decide not to dismiss, and can the case be dismissed without notice and a hearing? These are a couple of the questions addressed by the BAP for the First Circuit in Soto v. Doral Bank, No. 12-75 (May 8, 2013). Read More
Tag Archive: automatic dismissal
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BAP Explores Requirements for “Automatic Dismissal”
Posted by NCBRC - June 3rd, 2013
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