Sylvie Etitane

1 	Section § 521(i)(3) permits extension of the deadlines
set forth in § 521(i)(1) by an additional forty-five (45) days
upon request of the debtor; however, the request must be made
before the initial forty-five (45) day period expires. 	In this
case, the debtor has made no such request.
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
SYLVIE ETITANE,
Debtor.
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Case No. 06-00331
(Chapter 13)
SUA SPONTE DECISION REGARDING DEBTOR’S
FAILURE TO FILE DOCUMENTS REQUIRED BY 11 U.S.C. § 521(a)
Section 521 of the Bankruptcy Code lists the general duties
of the debtor in this case, including the duty of the debtor to
file certain specified documents. 	See 11 U.S.C. § 521(a). 	If
any documents required by § 521(a)(1) are not filed within
forty-five days of the petition date, § 521(i) requires that the
case be treated as having been dismissed automatically on the
forty-sixth day after the filing date (with one exception that is
generally unavailable). 1
The debtor filed her petition on September 19, 2006.
The decision below is hereby signed. Dated:
November 13, 2006.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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2
Accordingly, the statutory deadline for filing all documents
required by § 521(a)(1) passed on November 3, 2006. 	As of this
date, however, the debtor has filed neither a Statement of
Current Monthly Income and Calculation of Commitment Period and
Disposable Income (Official Form 22C) nor copies of all payment
advices or other evidence of payment received within the sixty
day period preceding the petition date, both of which are
required by § 521(a)(1). 	11 U.S.C. § 521(a)(1)(B). 	The case
must be dismissed by operation of statute; the only question is
whether the dismissal should be with prejudice.
The court entered an order to show cause on October 11,
2006, in which it directed the debtor to show cause why her case
ought not be dismissed with prejudice if she failed to file her
Statement of Current Monthly Income and Calculation of Commitment
Period and Disposable Income (Official Form 22C) by October 25,
2006 (D.E. No. 24). 	The chapter 13 trustee has filed a separate
motion to dismiss the debtor’s case with prejudice based on the
debtor’s failure to appear at the meeting of creditors scheduled
pursuant to 11 U.S.C. § 341 as required by 11 U.S.C. § 343, her
failure to commence timely plan payments as required by 11 U.S.C.
§ 1326, and her failure to provide certain federal tax
information in a timely manner as required by 11 U.S.C.
§ 521(e)(2)(A) (D.E. No. 26, filed October 24, 2006). 	In
addition, the chapter 13 trustee has filed a praecipe supporting
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3	O:\Andrew Fausett Temp Docs\Decisions with Related Orders\decision_dismissal_521(i)_Etitane.wpd
dismissal of the debtor’s case with prejudice for the same
reasons (D.E. No. 29, filed October 24, 2006).
Although the deadline for the debtor to object to the
chapter 13 trustee’s separate motion for dismissal with prejudice
has not yet passed, the debtor’s failure to respond to the
court’s prior show cause order, which explicitly threatened
dismissal with prejudice, coupled with the chapter 13 trustee’s
praecipe in support of dismissal with prejudice warrants
dismissal with prejudice without need for a hearing on the
trustee’s separate motion. 	The court will therefore enter an
order to that effect.
A separate order follows.
[Signed and dated above.]
Copies to: All entities on the BNC mailing list.
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