A judge in the Northern District of New York dismissed a debtor's Chapter 7 bankruptcy case for failure to file every pay stub received during the 60 days prior to his bankruptcy case being filed. The debtor is this particular case filed his bankruptcy case on July 22, 2008. Section 521(a) of the bankruptcy code states that the debtor shall file with the court "copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition". Further, section 521(i) states that if the debtor fails to file all of the pay advices within 45 days of filing the petition, the case shall be automatically dismissed.
The debtor in this particular case should have filed every pay stub he received from May 23 - July 22. The debtor had until September 5th, 2008 to file all of the required pay stubs. He filed all of them except the very last one he received on July 17th. The trustee in the debtor's filed a motion to dismiss for not filing all of the pay stubs. The court eventually dismissed the debtor's caseeven though the debtor filed the last rrequired pay stub (after 45 days) and the debtor showed the court that all of the pay stubs were exactly the same.
The above case shows how strict some courts are about following section 521. The court above found that it has no discretion when dealing with this issue. If any of the pay stubs are missing, the debtors case is automatically dismissed on the 46th day.
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