- Case Type:
- Business
- Case Status:
- Affirmed
- Citation:
- 21-1171 (9th Circuit, Jun 29,2022) Not Published
- Tag(s):
-
- Ruling:
- The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal by the U.S. Bankruptcy Court for the Central District of California (BC) of a case opened by the filing of a "skeletal" chapter 11 petition by David C. Goad (DR) for the DR's failure to tender statutorily necessary documents, having found no reversible error.
- Procedural context:
- Upon review of the DR;s chapter 11 filing, the BC flagged his document as incomplete. Therefore, it issued two notices: a “Notice of Case Deficiency Under 11 U.S.C. § 521(a)(1) and Bankruptcy Rule 1007” and a “Case Commencement Deficiency Notice.” Both were separately sent, and each had its own certificate of notice. The Notice of Case Deficiency cautioned the DR that he must file the documents required by Rule 1007 (schedules, statement of financial affairs, and various declarations and statements) within fourteen days., and the Case Commencement Deficiency Notice warned him that his case may be dismissed if he did not cure certain other deficiencies.. The DR filed the documents enumerated in the former (the Notice of Case Deficiency), but failed to file any of the documents listed in the Case Commencement Deficiency Notice. He did, however, file a motion to disqualify the BC judge on the basis that that jurist had previously presided over his chapter 13 case, there displaying an alleged "dislike[ of] pro se litigants and debtors." A week later, the BC sua sponte dismissed the DR's case. The DR timely appealed.
- Facts:
- The DR, proceeding pro se, filed a skeletal chapter 11 petition in July 2021, indicating that he intended to proceed under Subchapter V.
- Judge(s):
- Robert J. Faris; Gary A. Spraker; and Scott H. Gan
ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
