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Bankr. MDNC: Wallace- No Reinstatement of Case following dismissal for failure to timely file Schedules‏

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By Ed Boltz, 7 November, 2011
Debtors failed to file complete schedules within 45 days due to mistake by new employee at attorney's firm. Despite this the court held that "[i]f a chapter 13 debtor fails to file all of the information required under section 521(a) (1) within 45 days after the date of the filing of the petition, section 521(i) provides that the case "shall be automatically dismissed effective on the 46th day after the date of the filing of the petition."
Since the Debtors in this case did not file these documents within 45 days after the date of the filing of the petition, nor was any extension of time for the filing of such documents sought or granted in this case within 45 days after the date of the filing of the petition"dismissal of this case was mandated by section 521(i)."
The Court further held that §521(i) "is a component of a strict statutory regimen that was adopted when section 521 was revised by BAPCPA. That statutory regimen does not include reinstatement of a case that has been dismissed pursuant to section 521(i). Such a dismissal is statutory in nature and is not subject to being vacated or avoided  based upon a party's mistake, inadvertence or excusable neglect."  

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