- Case Type:
- Case Status:
- BAP No. NV-19-1322-LBF (9th Circuit, Feb 03,2021) Not Published
- The Bankruptcy Appellate Panel affirmed the bankruptcy court's dismissal of the debtor's case for failures to file schedules and a plan, to turn over tax returns and financial documentation, and to appear at his § 341 meeting of creditors.
- Procedural context:
- A chapter 13 debtor appealed the bankruptcy court's decision dismissing his case for failure to file schedules, statements, and a plan, for failure to attend the § 341 creditors' meeting, and for failing to oppose or attend the hearing on the trustee's motion to dismiss the debtor's case.
- Peter Contini filed a chapter 13 petition on August 21, 2019, and a motion for a 14-day extension for filing his schedules, statements, and plan on the date on which those items were due. Contini did not set the motion on for hearing, and the bankruptcy court never ruled on Contini's motion for an extension of time. Contini never filed the documents by the proposed documents. The chapter 13 trustee filed a motion to dismiss on October 15, 2019, citing Contini's failures to: (1) file a plan, schedules, and statements; (2) provide tax returns required under § 1308; (3) provide the trustee with requested financial documentation; and (4) appear at the first meeting of creditors. Contini did not file an objection or other opposition to the motion, and did not appear at the hearing. The bankruptcy court granted the trustee's motion.
- LAFFERTY, BRAND, and FARIS, Bankruptcy Judges
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3 Being Processed