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Pay Advice case #3: Catania

Posted by: Peter Scribner
November 12, 2009
Topic: Recent Cases in the bankruptcy Court Western District of New York

Catania Bk #08-13478 (Decision December 10, 2008; Judge Bucki, Buffalo: Case dismissed “automatically” due to failure to file pay advice.  Chapter 7 filed August 7.  Pay stubs were filed for the period June 12 to July 3, and nothing between July 3 and August 7. Debtor attorney attempted to correct the error Sept. 7, but erroneously filed the same pay stubs as before.  HELD: Court had no discretion, case must be deemed to have been automatically dismissed 46 days after filing.  Sect. 521(a)(1)(B)(iv) requires pay advice for the 60 days prior to filing be filed with the court, or the case is automaticallly dismissed 45 days after filing.  As there were no pay advices for the month prior to filing, and as the missing pay advice could not be derived from YTD (compare this to Judge Bucki’s Wojda case or Judge Ninfo’s Riffle case) or the trustee estopped from claiming the case is dismissed (Judge Bucki’s Ober and Gilbert cases), this case must be considered dismissed pursuant to Sect. 521(i).