Elizabeth F. Lovato

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
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06/10/06
Elizabeth F. Lovato
06-10152
Order Granting [8-1] Motion To Dismiss Bankruptcy by Michael J. Caplan .
Received on: 2006-05-08 09:38:44.000
2006-05-08 00:00:00.000
2006-05-08 00:00:00.000
Patti Hennessy
Case 06-10152-m7 Doc 14 Filed 05/08/06 Entered 05/08/06 14:24:00 Page 1 of 4

1At the preliminary hearing on the Trustee’s Motion to Dismiss, the Chapter 7 Trustee
represented that he had received a copy of the Debtor’s tax returns. The Court will, therefore,
consider the Motion to Dismiss only with regard to the Debtor’s failure to submit payment
advices.
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re: 	ELIZABETH LOVATO, 	No. 7-06-10152 MA
Debtor.
ORDER DISMISSING CASE FOR FAILURE TO SUBMIT
PAYMENT ADVICES TO THE CHAPTER 7 TRUSTEE
THIS MATTER is before the Court on the Chapter 7 Trustee’s Motion to Dismiss for
Debtor’s failure to submit payment advices and tax returns. 1 The Court held a preliminary
hearing on the Motion to Dismiss on May 1, 2006 and took the matter under advisement.
Pursuant to 11 U.S.C. § 521(a)(1)(B)(iv), the Debtor is required to file “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 Debtor fails 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” unless the debtor requests an extension of time within the 45 day period
and the court finds justification for extending the time for filing the required documents, or the
trustee files a motion within the 45 day period and the court finds that the debtor attempted in
good faith to file the required information and that the interest of creditors would be best served
by administration of the case. 11 U.S.C. § 521(i)(1), (3), and (4).
By an administrative order entered by the Court on October 4, 2005, debtors are directed
not to file the payment advices with the Court, but to submit them to the Chapter 7 Trustee no
Case 06-10152-m7 Doc 14 Filed 05/08/06 Entered 05/08/06 14:24:00 Page 2 of 4

2See Order Directing That Payment Advices Not be Filed with the Court but Instead be
Provided to the Trustee and Upon Timely Request, to Creditors, Misc. Case No. 05-001, Court
Administrative Matters, docket entry 66.
later than 7 days before the date first set for the meeting of creditors.2 The Debtor has not filed
the payment advices or submitted the payment advices to the Chapter 7 Trustee, nor has the
Debtor requested an extension of time within which to submit the required payment advices, nor
has the Chapter 7 Trustee filed a motion requesting that the case not be dismissed.
After the expiration of the time limits set forth in 11 U.S.C. § 521(i)(1), the Court is left
with no discretion to allow the Debtor additional time within which to comply with the
requirement for submission of payment advices. In re Ott, __ B.R.__, 2006 WL 1152339 *3
(Bankr.D.Colo. 2006) (“After the expiration of the specified period set forth in 11 U.S.C. §
521(i)(1), there are no exceptions, no excuses, only dismissal and the consequences that flow
therefrom.”). See also In re Williams, 339 B.R. 794 (Bankr.M.D.Fla. 2006) (concluding that
Court had no discretion to extend the time within which to file the documents required under 11
U.S.C. § 521(a) where debtor did not request extension within the initial 45 day period).
Consequently, the Court must dismiss Debtor’s bankruptcy proceeding. Had the Bankruptcy
Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) left the Court with any
discretion, the Court would deny the Chapter 7 Trustee’s motion with leave to allow the Debtor
to submit the required payment advices. Furthermore, the Court would require the Chapter 7
Trustee to request copies of the payment advices at the § 341 meeting of creditors. Instead, the
Debtor’s case must be dismissed because BAPCPA leaves the Court with no discretion to
fashion any reasonable or equitable solution.
Case 06-10152-m7 Doc 14 Filed 05/08/06 Entered 05/08/06 14:24:00 Page 3 of 4

WHEREFORE, IT IS HEREBY ORDERED, that the Debtor’s bankruptcy proceeding is
DISMISSED.
__________________________________________
MARK B. McFEELEY
United States Bankruptcy Judge
I certify that on the date shown on the attached
document verification, a true and correct copy of
the foregoing was either electronically transmitted,
faxed, delivered or mailed to the listed counsel
and/or parties.
Elizabeth Lovato
201 Delamar Loop, Apt. B
Albuquerque, NM 87107
Michael J. Caplan
Chapter 7 Trustee
827 E Santa Fe Ave
Grants, NM 87020 -2458
Office of the United States Trustee
PO Box 608
Albuquerque, NM 87103
___________________________
Patti G. Hennessy
Law Clerk
(505) 348-2545
Case 06-10152-m7 Doc 14 Filed 05/08/06 Entered 05/08/06 14:24:00 Page 4 of 4