§ 55.4     Preconfirmation Dismissal or Conversion after BAPCPA
Cite as:    Keith M. Lundin, Lundin On Chapter 13, § 55.4, at ¶ ____, LundinOnChapter13.com (last visited __________).
[1]

There are several new grounds for conversion or dismissal before confirmation added to the Bankruptcy Code by BAPCPA. Some of these opportunities to peremptorily derail a Chapter 13 case require a request or other action by a party in interest. Some of the new grounds for dismissal are peculiarly self-executing.

[2]

BAPCPA imposes many new duties on Chapter 13 debtors to provide tax returns to the trustee and to timely requesting creditors and, upon request, to file tax returns with the bankruptcy court.1 Several of these new tax return duties are mandated before confirmation and have conversion and/or dismissal as the consequence for nonperformance.2

[3]

Under § 521(e)(2), not later than seven days before the first date set for the meeting of creditors, every Chapter 13 debtor must provide the trustee a copy (or transcript) of the federal income tax return for the most recent tax year ending immediately before the petition and for which a federal income tax return was filed.3 Upon timely request,4 at the same time the debtor provides that federal income tax return to the trustee, the debtor must also provide a copy (or transcript) to any requesting creditor.5 Should the debtor fail to comply with either duty, the Code redundantly states that the court “shall dismiss the case” unless the failure to comply was “due to circumstances beyond the control of the debtor.”6

[4]

New § 521(e) gives no hint what procedure the drafters contemplated for this mandatory dismissal. Interim Rule 4002(b)(4) defines “timely” for purposes of a creditor’s request to mean at least 15 days before the first date set for the meeting of creditors. The Interim Rule goes beyond the new statute to require the debtor to provide attachments to any timely requested tax return and to provide a written statement that the documentation “does not exist” as an alternative.7 But nowhere does the Interim Rule reveal how a debtor’s failure to comply with § 521(e)(2)(A)(i) or (ii) will be brought to the attention of the court to trigger mandatory dismissal. It is reasonable to infer that the section contemplates a motion, notice and a hearing because the antidote to dismissal is proof of circumstances beyond the control of the debtor.

[5]

Notice that the statute only provides for dismissal when the debtor fails to provide a tax return under § 521(e)(2). Conversion is not an option to mandatory dismissal as it is in many other similar places. There is also no suggestion what circumstances beyond the control of the debtor would suffice to overcome dismissal for failure to provide a tax return under § 521(e)(2). As explored elsewhere,8 it is likely that the debtor’s federal income tax return for the tax year ending immediately before the petition will not yet be due or will not have been filed in many Chapter 13 cases filed during the early part of any calendar year. It seems reasonable that a tax return that has not yet been filed—perhaps because the debtor does not have the necessary statements from employers—would be a circumstance beyond the control of the debtor that excuses the failure to provide a (nonexistent) tax return. If the tax return has been filed but the debtor doesn’t have a copy or a transcript, is it within or beyond the control of the debtor to fail to provide a copy? The debtor can certainly request a copy of the return or a transcript from the IRS. If the return has been filed, perhaps debtors are best off to make that request and at least attempt to provide the return or a transcript.

[6]

The redundancy in § 521(e)(2)(B) and (C) is interesting. Section 521(e)(2)(B) provides:

If the debtor fails to comply with clause (i) or (ii) of subparagraph (A), the court shall dismiss the case unless the debtor demonstrates that the failure to so comply is due to circumstances beyond the control of the debtor.9
[7]

Section 521(e)(2)(C) provides:

If a creditor requests a copy of such tax return or such transcript and if the debtor fails to provide a copy of such tax return or such transcript to such creditor at the time the debtor provides such tax return or such transcript to the trustee, then the court shall dismiss the case unless the debtor demonstrates that the failure to provide a copy of such tax return or such transcript is due to circumstances beyond the control of the debtor.10
[8]

As you can see, subparagraph (C) overlaps subparagraph (B) with respect to a creditor’s request for the tax return or transcript described in § 521(e)(2)(A). Both subparagraphs authorize dismissal of the Chapter 13 case unless the debtor demonstrates that the failure to provide the tax return or transcript was due to circumstances beyond the control of the debtor. But there are differences, and the timeliness of a creditor’s request could be material to whether mandatory dismissal is at issue.11

[9]

To avoid these possibilities, Chapter 13 debtors might consider providing the tax return for the tax year ending immediately before the petition to any requesting creditor—even a creditor that makes an untimely request. Litigating a motion to dismiss or the meaning of circumstances beyond the debtor’s control in the non-parallel context of § 521(e)(2)(B) and (C) is not an attractive proposition.

[10]

There is another new possibility for early termination of a Chapter 13 case for failure to file tax returns in § 1307(e). BAPCPA added an entirely new § 1308, dealing with the filing of prepetition tax returns in Chapter 13 cases. Not later than the day before the first date scheduled for the meeting of creditors, every Chapter 13 debtor is required by § 1308(a) to file with appropriate tax authorities all tax returns for all taxable periods ending during the four years before the petition.12 Under new § 1307(e), if the debtor fails to file a tax return required by § 1308, this consequence attaches:

[O]n request of a party in interest or the United States trustee and after notice and a hearing, the court shall dismiss a case or convert a case under this chapter to a case under chapter 7 of this title, whichever is in the best interest of the creditors and the estate.13
[11]

What is the significance that this new ground was not added to the list of permissive grounds for conversion or dismissal in § 1307(c)? The House Report accompanying S. 256 states that the bankruptcy court “must dismiss the case or convert it to one under chapter 7” on request of a party in interest if the Chapter 13 debtor fails to file a tax return required by § 1308.14

[12]

In obvious contrast to § 521(e)(2)(B) and (C) discussed immediately above, § 1307(e) requires a “request” from a party in interest or from the U.S. trustee, and notice and a hearing are provided. The penalty for failing to file all tax returns required by § 1308(a) is dismissal or conversion to Chapter 7, whichever is in the best interest of the creditors and the estate. No similar provisions appear in § 521(e)(2).

[13]

Dismissal or conversion under § 1307(e) is a possibility in every Chapter 13 case before confirmation, but figuring out when a creditor’s motion is appropriate under § 1307(e) is complicated by § 1308(b). If a tax return required by § 1308(a) has not been filed by the first date scheduled for the meeting of creditors, the Chapter 13 trustee may hold open the meeting of creditors for a reasonable time to allow the debtor to file required returns.15 That additional period can extend as much as 120 days after the date of the meeting of creditors or longer if the debtor has received automatic extensions of time. The bankruptcy court can further extend the filing period for an additional 30 days.16

[14]

In Chapter 13 cases filed during the early months of a calendar year, there is a potential overlap between the mandatory dismissal in § 521(e)(2)(B) and (C) and the alternative of conversion in § 1307(e).17 The hold-open possibility in § 1308 could interfere with the very different timing in § 521(e)(2)(A) when the tax return not provided to a creditor is not overdue at the petition.

[15]

A creditor contemplating a motion to convert or dismiss under § 1307(e) first has to know that the debtor did not file a required tax return with the appropriate authority under § 1308(a) and then must determine whether the Chapter 13 trustee has held (or will hold) open the meeting of creditors to extend the time for filing under § 1308. Because neither the Code nor the Interim Rules define a formal procedure for holding open the meeting of creditors, it may not be immediately obvious when a motion to dismiss under § 1307(e) is appropriate.

[16]

There is a third new provision for conversion or dismissal of a Chapter 13 case before confirmation based on a failure to file tax returns that further complicates the timing and propriety of a creditor’s motion to convert or dismiss. New § 521(j) provides:

(1) Notwithstanding any other provision of this title, if the debtor fails to file a tax return that becomes due after the commencement of the case or to properly obtain an extension of the due date for filing such return, the taxing authority may request that the court enter an order converting or dismissing the case.
(2) If the debtor does not file the required return or obtain the extension referred to in paragraph (1) within 90 days after a request is filed by the taxing authority under that paragraph, the court shall convert or dismiss the case, whichever is in the best interests of creditors and the estate.18
[17]

This new section deals with tax returns that become due after the petition and is generic to all tax returns, not just the federal income tax return discussed in § 521(e)(2). Under new § 521(j), “notwithstanding any other provision of this title,” taxing authorities have standing to request conversion or dismissal when a Chapter 13 debtor fails to file a tax return that becomes due after the petition or fails to obtain an extension of the due date for filing that return. The new section contemplates a motion by the taxing authority, and the debtor then has 90 days to either file the return or obtain an extension of time to file that return.

[18]

Detailed elsewhere,19 § 521(j) may overlap and perhaps interfere with the conversion and/or dismissal opportunities for creditors in §§ 521(e)(2)(B), (C) and 1307(e). It is likely that the federal tax return for the immediately preceding calendar year will fall into all three sections in Chapter 13 cases filed in the early months of a calendar year, before the previous year’s tax return is due. The remedies, standing, defenses and timetables in §§ 521(e)(2), 1307(e) and 521(j) are not the same.20 Creditors should think twice before rushing into a motion to dismiss with respect to the § 521(e)(2) tax return for the immediately prepetition tax year when that return may be subject to a held-open meeting of creditors under § 1308(b) and to the special 90-day provisions in § 521(j).21

[19]

Tax returns aren’t the only focus for conversion or dismissal of a Chapter 13 case before confirmation after BAPCPA. Under new § 1307(c)(11), a Chapter 13 debtor’s failure to pay “any domestic support obligation that first becomes payable after the date of the filing of the petition” is a ground for conversion or dismissal.22 Domestic support obligation (DSO) is a new term of art broadly defined by BAPCPA to include debts in the nature of alimony, maintenance or support that accrue before or after the Chapter 13 petition.23 A Chapter 13 debtor who fails to make any required postpetition payment to the holder of a DSO risks an immediate motion to convert or dismiss. The holder of the DSO should file a motion under § 1307(c), and conversion or dismissal is then discretionary with the bankruptcy court.24

[20]

In some districts, it is common for Chapter 13 debtors to pay postpetition support obligations through the Chapter 13 trustee. For debtors with a history of failing to pay support, payment through the Chapter 13 trustee coupled with an income deduction order to the debtor’s employer provides a stable platform for the Chapter 13 plan.25 Conversion or dismissal under new § 1307(c)(11) is triggered by the debtor’s failure to pay any DSO that first becomes payable after the petition. “Payable” is the magic word here. By definition, DSO includes an obligation that “accrues” after the petition.26 Giving meaning to all the words, “payable” must mean something different from “accrues” and the new ground for conversion or dismissal in § 1307(c)(11) applies only to a DSO that first becomes payable after the petition, without regard to when it accrues.

[21]

If the debtor proposes to pay a postpetition DSO through the Chapter 13 trustee, the debtor must timely make all preconfirmation payments to the trustee to have a defense to any preconfirmation motion to convert or dismiss under § 1307(c)(11). To avoid that motion, debtor’s counsel should contact the DSO claim holder to explain how the Chapter 13 plan will pay postpetition support. Not unlike preconfirmation payments to lessors and allowed purchase-money-secured claim holders,27 debtor’s counsel may need to get an order authorizing the Chapter 13 trustee to make preconfirmation DSO payments to avoid a preconfirmation motion to convert or dismiss under § 1307(c)(11).

[22]

Perhaps the most problematic of the new provisions for preconfirmation dismissal of a Chapter 13 case is automatic dismissal under § 521(i):

(1) Subject to paragraphs (2) and (4) and notwithstanding section 707(a), if an individual debtor in a voluntary case under chapter 7 or 13 fails to file all of the information required under subsection (a)(1) within 45 days after the date of the filing of the petition, the case shall be automatically dismissed effective on the 46th day after the date of the filing of the petition.
(2) Subject to paragraph (4) and with respect to a case described in paragraph (1), any party in interest may request the court to enter an order dismissing the case. If requested, the court shall enter an order of dismissal not later than 5 days after such request.
(3) Subject to paragraph (4) and upon request of the debtor made within 45 days after the date of the filing of the petition described in paragraph (1), the court may allow the debtor an additional period of not to exceed 45 days to file the information required under subsection (a)(1) if the court finds justification for extending the period for the filing.
(4) Notwithstanding any other provision of this subsection, on the motion of the trustee filed before the expiration of the applicable period of time specified in paragraph (1), (2), or (3), and after notice and a hearing, the court may decline to dismiss the case if the court finds that the debtor attempted in good faith to file all the information required by subsection (a)(1)(B)(iv) and that the best interests of creditors would be served by administration of the case.28
[23]

The gist of new § 521(i) is that a Chapter 13 debtor must file all of the “information” required by § 521(a)(1) within 45 days of the petition else the case is “automatically dismissed” on the 46th day. Automatic dismissal is new to the Bankruptcy Code with BAPCPA and presents many conceptual and practical difficulties.29

[24]

“Automatically” certainly conveys the idea that dismissal on the 46th day happens without motion or other action by a creditor or the trustee. It is possible that some bankruptcy courts will “automatically” enter orders or make docket entries that a Chapter 13 case has been dismissed when “information” required by § 521(a)(1) is missing at the end of day 45. This involves an all but impossible undertaking by the clerk of the bankruptcy court—to monitor the incoming stream of documents filed in every Chapter 13 case to measure that stream against the “information” required by § 521(a)(1).

[25]

Detailed elsewhere, § 521(a)(1) requires a long list of documents from debtors, including a schedule of assets and liabilities, schedules and statements of current income and monthly net income, lists of creditors and payment advices from an employer for 60 days before the petition.30 Dismissal under § 521(i)(1) is automatic based on the failure of a Chapter 13 debtor to file the “information” required by § 521(i)(1). Monitoring the documents filed by a Chapter 13 debtor is not the same as determining whether the “information” has been provided. Are bankruptcy court clerks willing to undertake the risk of determining whether the information required by § 521(a)(1) has been filed in each Chapter 13 case? What if a mistake is made and an automatic dismissal is declared improperly? This certainly walks like a judicial function, not an administrative function. Thoughtful bankruptcy court clerks will not undertake to automatically dismiss Chapter 13 cases under § 521(i)(1).

[26]

What does automatic dismissal look like? Is it a notation on the docket sheet? Is it the entry of an order? Who prepares and enters that order if the clerk of the bankruptcy court is not monitoring every Chapter 13 case for compliance with § 521(i)(1)? It is not imaginable that bankruptcy judges are going to perform this function without a motion from a party in interest.

[27]

The statutory authorization in § 521(i)(2) that any party in interest may “request” the court to enter an order dismissing the case supports the view that no such order is entered “automatically” when the conditions for dismissal may be present under § 521(i)(1). If requested, § 521(i)(2) requires the bankruptcy court to enter an order of dismissal “not later than five days” after the request. How can a bankruptcy court give notice of the impending automatic dismissal and hold a meaningful hearing within five days? This statutory timing will be impossible in many or all Chapter 13 cases.

[28]

Can the debtor contest a creditor’s request for an order of dismissal under § 522(i)(2)? Given that “information” is not easily quantified, it is likely that Chapter 13 debtors will have defenses, sometimes good defenses, to the entry of an order memorializing an automatic dismissal under § 521(i). For example, it may appear that payment advices for fewer than 60 days have been filed by a debtor and yet the “information” contained in 60 days of payment advices is filed in the schedules and statement of affairs or in some combination of schedules, statement and payment advices.31 There has to be notice and an opportunity for debtors (or others) to contest automatic dismissal under § 521(i). No such procedure is described in the statute or provided in the Interim Rules.

[29]

What’s a creditor to do? At least theoretically, dismissal under § 521(i)(1) is automatic and a creditor could choose to go ahead with collection against the debtor if the creditor is certain that information required by § 521(i)(1) was not filed within 45 days of the petition. It would then be up to the debtor to seek some sanction against the creditor—for example, for violation of the automatic stay—if the debtor believes that all required information was timely filed and no automatic dismissal occurred.

[30]

If the creditor is not quite so sure, § 521(i)(2) invites a motion and fixes the short five-day period described above in which the bankruptcy court must enter an order of dismissal. It can be anticipated that bankruptcy courts will come up with local rules, general orders or local practices to provide due process to Chapter 13 debtors to contest entry of an order memorializing automatic dismissal. It is unlikely that these procedures will be uniform across districts, creating problems for national creditors. There will be new risks and expense for debtors and creditors here.

[31]

Chapter 13 debtors unable to file all of the information required by § 521(a)(1) can request before expiration of the 45-day period up to 45 additional days in which to comply with § 521(a)(1).32 Also, before expiration of the 45-day period (or any extension thereof), the Chapter 13 trustee has standing to move the court to decline to dismiss the case when the debtor has attempted in good faith to file the information required by § 521(a)(1)(B)(iv) and the best interests of creditors would be served by continuing administration of the case.33 The information required by § 521(a)(1)(B)(iv) is only the 60 days of payment advices from an employer—a small part of the information required by § 521(a)(1).34 Only the Chapter 13 trustee has standing to oppose dismissal on this basis.

[32]

Don’t forget the overlap between automatic dismissal under § 521(i) and dismissal “only on request of the United States trustee” under § 1307(c)(9).35 The failure to file information required by § 521(a)(1) may36 be the subject of both sections, and the inconsistencies could be interpreted as limitations on automatic dismissal or on the standing of ordinary creditors to seek dismissal.37

[33]

Automatic dismissal under § 521(i) is poorly conceived. Creditors are cautioned in all but the clearest cases to get a court order of dismissal before proceeding with collection based on an automatic dismissal. Perhaps there will be cases in which the debtor files a petition and no schedules, statements or other documents within 45 days of the petition. Even then, creditors should take a careful look at the docket sheet to make sure the debtor has not asked for an extension of time under § 521(i)(3) and to make sure that the trustee has not filed a request for extension under § 521(i)(4). It is possible that some courts will interpret § 521(i) to require the entry of an order on a motion from some source before the case is actually dismissed. Moving for an order of dismissal under § 521(i)(2) is the safest route for a creditor that wants to eliminate a Chapter 13 case before confirmation based on automatic dismissal under § 521(i)(1).


 

1  See § 42.5  Tax Return Duties Seven Days before First Scheduled Meeting of Creditors§ 42.6  Tax Return Duties One Day before First Scheduled Meeting of Creditors and § 42.7  Tax Return Duties—On Request.

 

2  See § 393.1 [ Consequences of Failure to File or Provide Tax Returns ] § 42.8  Consequences of Failure to File or Provide Tax Returns.

 

3  11 U.S.C. § 521(e)(2)(A)(i), discussed in § 390.1 [ Tax Return Duties Seven Days before First Scheduled Meeting of Creditors ] § 42.5  Tax Return Duties Seven Days before First Scheduled Meeting of Creditors.

 

4  See Interim Bankr. R. 4002(b)(4), discussed below and in § 392.1 [ Tax Return Duties—On Request ] § 42.7  Tax Return Duties—On Request.

 

5  11 U.S.C. § 521(e)(2)(A)(ii), discussed in § 392.1 [ Tax Return Duties—On Request ] § 42.7  Tax Return Duties—On Request.

 

6  11 U.S.C. § 521(e)(2)(B) and (C), discussed in § 393.1 [ Consequences of Failure to File or Provide Tax Returns ] § 42.8  Consequences of Failure to File or Provide Tax Returns.

 

7  See Interim Bankr. R. 4002(b)(5), discussed in § 392.1 [ Tax Return Duties—On Request ] § 42.7  Tax Return Duties—On Request.

 

8  See §§ 390.1 [ Tax Return Duties Seven Days before First Scheduled Meeting of Creditors ] § 42.5  Tax Return Duties Seven Days before First Scheduled Meeting of Creditors and 398.1 [ Holding Open the Meeting of Creditors ] § 43.7  Holding Open the Meeting of Creditors.

 

9  11 U.S.C. § 521(e)(2)(B).

 

10  11 U.S.C. § 521(e)(2)(C).

 

11  See § 393.1 [ Consequences of Failure to File or Provide Tax Returns ] § 42.8  Consequences of Failure to File or Provide Tax Returns.

 

12  11 U.S.C. § 1308(a), discussed in § 391.1 [ Tax Return Duties One Day before First Scheduled Meeting of Creditors ] § 42.6  Tax Return Duties One Day before First Scheduled Meeting of Creditors.

 

13  11 U.S.C. § 1307(e).

 

14  H.R. Rep. No. 109-31, at 112.

 

15  See § 398.1 [ Holding Open the Meeting of Creditors ] § 43.7  Holding Open the Meeting of Creditors.

 

16  11 U.S.C. § 1308(b)(1) and (2), discussed in § 398.1 [ Holding Open the Meeting of Creditors ] § 43.7  Holding Open the Meeting of Creditors.

 

17  See § 393.1 [ Consequences of Failure to File or Provide Tax Returns ] § 42.8  Consequences of Failure to File or Provide Tax Returns.

 

18  11 U.S.C. § 521(j), discussed in §§ 393.1 [ Consequences of Failure to File or Provide Tax Returns ] § 42.8  Consequences of Failure to File or Provide Tax Returns, 529.1 [ New Grounds for Conversion after BAPCPA ] § 141.4  Cause for Conversion Added or Changed by BAPCPA and 540.1 [ New and Changed Grounds for Dismissal ] § 152.3  Cause for Dismissal Added or Changed by BAPCPA.

 

19  See § 393.1 [ Consequences of Failure to File or Provide Tax Returns ] § 42.8  Consequences of Failure to File or Provide Tax Returns.

 

20  See § 393.1 [ Consequences of Failure to File or Provide Tax Returns ] § 42.8  Consequences of Failure to File or Provide Tax Returns.

 

21  See § 42.4  Tax Return Duties—In General and § 42.8  Consequences of Failure to File or Provide Tax Returns.

 

22  11 U.S.C. § 1307(c)(11), discussed in §§ 428.1 [ Domestic Support Obligations: Preconfirmation Rights ] § 57.5  Domestic Support Obligations: Preconfirmation Rights after BAPCPA, 529.1 [ New Grounds for Conversion after BAPCPA ] § 141.4  Cause for Conversion Added or Changed by BAPCPA and 540.1 [ New and Changed Grounds for Dismissal ] § 152.3  Cause for Dismissal Added or Changed by BAPCPA.

 

23  11 U.S.C. § 101(14A), discussed in § 428.1 [ Domestic Support Obligations: Preconfirmation Rights ] § 57.5  Domestic Support Obligations: Preconfirmation Rights after BAPCPA.

 

24  See § 529.1 [ New Grounds for Conversion after BAPCPA ] § 141.4  Cause for Conversion Added or Changed by BAPCPA.

 

25  See §§ 69.1 [ Alimony and Support Exception ] § 58.5  Alimony and Support Exception, 99.1 [ What Claims Are Priority Claims? ] § 73.2  What Claims Are Priority Claims? and 301.1 [ Alimony, Maintenance and Support in Cases Filed after October 22, 1994 ] § 136.20  Alimony, Maintenance and Support in Cases Filed after October 22, 1994.

 

26  See 11 U.S.C. § 101(14A), discussed in § 440.1 [ New and Changed Priority Claims ] § 73.3  Priority Claims Added or Changed by BAPCPA.

 

27  See 11 U.S.C. § 1326(a), discussed in § 401.1 [ Preconfirmation Payments ] § 44.6  Preconfirmation Payments after BAPCPA.

 

28  11 U.S.C. § 521(i), discussed in § 388.1 [ Consequences of Failure to File Required Information, Including “Automatic Dismissal” ] § 42.2  Consequences of Failure to File Required Information, Including “Automatic Dismissal”.

 

29  There is further discussion of automatic dismissal under 11 U.S.C. § 521(i)(1) in §§ 388.1 [ Consequences of Failure to File Required Information, Including “Automatic Dismissal” ] § 42.2  Consequences of Failure to File Required Information, Including “Automatic Dismissal” and 540.1 [ New and Changed Grounds for Dismissal ] § 152.3  Cause for Dismissal Added or Changed by BAPCPA.

 

30  See 11 U.S.C. § 521(a)(1), discussed in § 387.1 [ New Filing Requirements and Other Duties: A List ] § 42.1  Filing Requirements and Other Duties: A List.

 

31  See, e.g, In re Luders, 356 B.R. 671 (Bankr. W.D. Va. 2006) (Automatic dismissal not appropriate when debtors filed less than all payment advices for the 60 days before petition but the “year-to-date” information on the filed pay stubs could be used to calculate the missing payment information; debtors must be afforded opportunity for a hearing when automatic dismissal is at issue.).

 

32  11 U.S.C. § 521(i)(3).

 

33  11 U.S.C. § 521(i)(4), discussed in § 388.1 [ Consequences of Failure to File Required Information, Including “Automatic Dismissal” ] § 42.2  Consequences of Failure to File Required Information, Including “Automatic Dismissal”.

 

34  See §§ 376.1 [ Payment Advices ] § 42.3  Payment Advices, 387.1 [ New Filing Requirements and Other Duties: A List ] § 42.1  Filing Requirements and Other Duties: A List and 388.1 [ Consequences of Failure to File Required Information, Including “Automatic Dismissal” ] § 42.2  Consequences of Failure to File Required Information, Including “Automatic Dismissal” for further discussion of the new duty to file payment advices in Chapter 13 cases.

 

35  See 11 U.S.C. § 1307(c)(9), discussed in §§ 388.1 [ Consequences of Failure to File Required Information, Including “Automatic Dismissal” ] § 42.2  Consequences of Failure to File Required Information, Including “Automatic Dismissal” and 529.1 [ New Grounds for Conversion after BAPCPA ] § 141.4  Cause for Conversion Added or Changed by BAPCPA.

 

36  There is a wording glitch in § 1307(c)(9). See § 388.1 [ Consequences of Failure to File Required Information, Including “Automatic Dismissal” ] § 42.2  Consequences of Failure to File Required Information, Including “Automatic Dismissal”.

 

37  See §§ 388.1 [ Consequences of Failure to File Required Information, Including “Automatic Dismissal” ] § 42.2  Consequences of Failure to File Required Information, Including “Automatic Dismissal” and 529.1 [ New Grounds for Conversion after BAPCPA ] § 141.4  Cause for Conversion Added or Changed by BAPCPA.