In re Spencer, (Bkrtcy.D.Dist.Col.)

June 4, 2008: Case Administration - Court interprets "automatic dismissal" language in payment advice provision. The "automatic dismissal" language in a provision of the Bankruptcy Code indicating that a case shall be automatically dismissed if the debtor fails to file payment advices or other required information within 45 days of the petition date, even when read in isolation from provisions in companion paragraphs, had to be interpreted simply as directive that court had no discretion other than to dismiss a case in which required payment advices are not filed, and not as effecting the automatic dismissal of such cases, with no need for court intervention, on the 46th day after the petition date. Dismissal would be effective on the date the dismissal order was entered.

Rachel Lynn Foley, Kansas City Missouri Bankruptcy Attorney.

In re Denver Cmmnty Development Credit Union Case No: 04-23761

This case comes before the Court on the Denver Community Federal Credit Union’s [the
“Credit Union”] Motion for Sanctions Pursuant to FED. R. BANKR. P. 9011 [the “Motion”]; United States Trustee’s Statement in Support of Motion for Sanctions; and the responses filed by the Association. The Court held a hearing on September 22, 2004. Denver Community Federal Credit Union, successor in interest to Denver Community Development Credit Union, appeared through counsel Brian J. Holst; Bruce Randolph Merchants & Civic Association, Inc. appeared through counsel Kristal Bernert; The United States Trustee appeared through Leo Weiss; Thomas Foster appeared pro se; and Kristal Bernert appeared pro se. The Motion prays for sanctions to be assessed against Kristal Bernert, attorney for the Association, and against Thomas Foster, a board member of the Association. Sanctions are sought both under FED. R.
BANKR. P. 9011 and under 11 U.S.C. § 303(i).

Date of decision: 10/5/04


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