Court’s Opinion Inspired by Dr. Seuss’s book “Green Eggs and Ham”
(October 3rd, 2006 under New Bankruptcy Law )
Inspired by Dr. Seuss' book "Green Eggs and Ham" Chief Judge Emeritus A. Jay Cristol has written an opinion reflecting his confusion over 11 U.S.C. 521 (i)(1) which provides that a case is "automatically dismissed on the 46th day" if a debtor fails to file certain documents within 45 days of filing its petition.
In In re Hal Ray Riddle and Deloris Argelene Riddle, US Bankruptcy Court, Southern District of Florida, Miami Division, Case No. 06-11313-BKC-AJC the issue came up for Judge Cristol of whether a case is "automatically dismissed" if the debtor failed to file all of the information required under 11 U.S.C. ? 521 (i)(1) within 45 days after the date of petition filing, the case should automatically be dismissed effective on 46th day pursuant to 11 U.S.C. ? 521 (i)(2) which provides that any party in interest may request the entry of an "order dismissing the case," which if requested should be provided by the court within five days.
You can read Judge Cristol's opinion in full:
http://www.flsb.uscourts.gov/
Click on the Court Opinions on the left, enter the Judge's initials and the U.S. Code Selection
Michelle
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This entry was posted
on Tuesday, October 3rd, 2006 at 10:53 am and is filed under New Bankruptcy Law .