- In re Zuckerman, BAP No. MS 12-085 (1st Cir. BAP, April 24, 2013) (Not for Publication)
- AFFIRMATION by the First Circuit BAP of the bankruptcy court’s dismissal of the Debtor’s Chapter 13 case under 105(a) for failure to comply with bankruptcy court orders requiring filing of certain documents.
- Procedural context:
- Appeal by Debtor from bankruptcy court dismissal of her Chapter 13 case for failure to comply with court orders to file certain documents.
- The Debtor filed under Chapter 11 in September 2012, and converted to Chapter 13 shortly thereafter. The bankruptcy court issued an order requiring certain documents be filed, and granting an extension of time to comply. The Debtor complied with some, but not all, of the requirements. The bankruptcy court issued a second order indicating that failure to comply with the order and file the required documents will result in dismissal under § 1307(c)(1). The Debtor failed to file the documents and the bankruptcy court entered an order of dismissal and denied the Debtor’s motion to vacate.
The Debtor asserts she complied with § 109(h)(1) credit counseling requirements, thereby complying with the bankruptcy court’s order. Although that was one of the bankruptcy court’s requirements, the BAP noted that the Debtor failed to file a certificate of service for her Chapter 13 plan, or address why she failed to do so. This was in contravention of the bankruptcy court’s order, and the court was permitted to dismiss the case under § 1307(c)(1) and pursuant to the equitable powers afforded it under § 105(a) to enforce the provisions of the Bankruptcy Code.
- Deasy, Kornreich, and Godoy, Bankruptcy Appellate Panel Judges
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