Ponleiy Le

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
PONLEIY LE,
Debtor.
)
)
)
)
)
Case No. 06-00345
(Chapter 13)
DECISION RE PENDING MOTIONS
The chapter 13 trustee has moved for dismissal of this case
with prejudice. 	A creditor has moved for relief from the
automatic stay. 	The debtor has moved for more time to respond to
both motions and for a continuance of the hearings set on those
motions.
The case has been automatically dismissed by virtue of 11
U.S.C. § 521(i)(1) because the debtor has not filed, within 45
days of the petition date, her Statement of Current Monthly
Income and Calculation of Commitment Period and Disposable Income
(Official Form 23C). 	Official Form 23C is the form used to file
the “statement of the amount of monthly net income, itemized to
show how the amount is calculated” required to be filed pursuant
to 11 U.S.C. § 521(a)(1)(B)(v). 	Section 521(i)(1) provides, with
The decision below is hereby signed. Dated:
November 16, 2006.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 06-00345 Doc 42 Filed 11/16/06 Entered 11/16/06 08:31:37 Desc Main
Document Page 1 of 3

2
exceptions of no relevance here, that:
if an individual debtor in a voluntary case under chapter
. . . 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.
Accordingly, the court will enter an order dismissing the case
effective as of Monday, November 13, 2006 (the 46th day after the
September 27, 2006, date of the filing of the petition having
fallen on a Sunday, November 12, 2006).
Because a motion for relief from the automatic stay has been
filed in the case, the debtor would not be able to obtain a
voluntary dismissal without that dismissal being with prejudice
for 180 days pursuant to 11 U.S.C. § 109(g)(2). 	The court will
thus make the automatic dismissal under § 521(i)(1) with
prejudice for 180 days: the debtor ought not through her failure
to comply with § 521(a)(1)(B)(v) accomplish a dismissal without
prejudice that she could not accomplish via a voluntary
dismissal.
In any event, the debtor has not offered any explanation why
she failed to appear at the meeting of creditors, and dismissal
with prejudice is appropriate on that alternative ground.
The court will further grant the motion for relief from the
automatic stay on the basis that the stay terminates upon
dismissal, without the necessity of addressing whether relief
from the stay would otherwise be appropriate.
Case 06-00345 Doc 42 Filed 11/16/06 Entered 11/16/06 08:31:37 Desc Main
Document Page 2 of 3

3	O:\Order Forms\Dismissal of 13 (Automatic 521(i)(1) Dismissal) Made With Prejudice.wpd
The debtor's motions will be denied. 	Dismissal under §
521(i) is automatic, so an attorney could do nothing to prevent
the dismissal of the case. 	Moreover, the debtor could readily
have responded to the straightforward allegations of the
trustee's motion to dismiss. 	The timing of the debtor's motions,
and their barebones character, suggests they were filed merely
for the purposes of delay.
An order follows.
[Signed and dated above.]
Copies to: Debtor; Cynthia A. Niklas, Trustee; Steven Greenfeld
(attorney for creditor).
Case 06-00345 Doc 42 Filed 11/16/06 Entered 11/16/06 08:31:37 Desc Main
Document Page 3 of 3