Filed: Jan. 07, 2016
Latest Update: Jan. 07, 2016
Summary: ORDER DISMISSING CASE, AND BARRING DEBTOR FROM FILING ANOTHER BANKRUPTCY CASE UNLESS AND UNTIL DEBTOR PAYS IN FULL THE FILING FEES OWING FOR THIS CASE AND HER TWO PRIOR CASES THOMAS J. TUCKER , Bankruptcy Judge . On December 17, 2015, the Clerk filed a "Notice of Missing Documents" in this case (Docket # 3, the "Notice"), which gave notice that the following documents had not been filed, and that such documents must be filed "within 14 days from the date the bankruptcy petition was filed:"
Summary: ORDER DISMISSING CASE, AND BARRING DEBTOR FROM FILING ANOTHER BANKRUPTCY CASE UNLESS AND UNTIL DEBTOR PAYS IN FULL THE FILING FEES OWING FOR THIS CASE AND HER TWO PRIOR CASES THOMAS J. TUCKER , Bankruptcy Judge . On December 17, 2015, the Clerk filed a "Notice of Missing Documents" in this case (Docket # 3, the "Notice"), which gave notice that the following documents had not been filed, and that such documents must be filed "within 14 days from the date the bankruptcy petition was filed:" ..
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ORDER DISMISSING CASE, AND BARRING DEBTOR FROM FILING ANOTHER BANKRUPTCY CASE UNLESS AND UNTIL DEBTOR PAYS IN FULL THE FILING FEES OWING FOR THIS CASE AND HER TWO PRIOR CASES
THOMAS J. TUCKER, Bankruptcy Judge.
On December 17, 2015, the Clerk filed a "Notice of Missing Documents" in this case (Docket # 3, the "Notice"), which gave notice that the following documents had not been filed, and that such documents must be filed "within 14 days from the date the bankruptcy petition was filed:"
• Application for Individuals to Pay the Filing Fee in Installments
• Credit Counseling Certificate
• Chapter 13 Statement of Your Current Monthly Income Form 122C-1
• Chapter 13 Plan
• Declaration About an Individual Debtor(s) Schedules
• Schedules A-J
• Statement of Attorney for Debtor(s) Pursuant to F.R.Bankr.P.2016(b)
• Statement of Financial Affairs; and Summary of Assets and Liabilities.
The Notice stated that "[t]he missing documents(s) must be filed on or before 1/4/16." The Notice further stated: "THIS IS THE ONLY NOTICE YOU WILL RECEIVE: If you fail to timely comply with the requirements set forth above, the case may be dismissed."
Debtor did not comply with the Notice, because several of documents required to be filed by the January 4, 2016 deadline1 were filed on January 4, 2016, but were entirely blank, or blank in parts that were required to be completed, and this is tantamount to not filing them at all. Of the items filed on January 4, 2016, Part 2 of Schedule E/F (Docket # 27), which requires Debtor to state whether she has any creditors holding nonpriority unsecured claims, and to list such creditors, is entirely blank; and Schedules H (Docket # 31), I (Docket # 29) and J (Docket # 30) are entirely blank.
On January 6, 2016, Debtor filed amended Schedules H, I, and J (Docket # 32), which were completed. Debtor did not file an amended Schedule E/F.
Because Debtor failed to timely comply with the Notice, and to date still has not filed all required documents (Part 2 of Schedule E/F is still blank),2
IT IS ORDERED that this bankruptcy case is dismissed.
And because the Debtor has unpaid filing fees owing for this case and her two prior cases,
IT IS FURTHER ORDERED that the Debtor is barred from filing any new case under the Bankruptcy Code, and the Clerk is directed not to accept for filing any further bankruptcy petition(s) by or on behalf of the Debtor, unless and until the Debtor first pays in full the filing fees owing for this case and for her two prior cases ($310.00 for this case; $310.00 for Case No. 15-51680, and $310.00 owing for Case No. 15-54481, for a total of $930.00).
