Darryle A. Carter

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
DARRYLE A. CARTER,
Debtor.
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Case No. 09-00307
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE MOTION TO DISMISS
The trustee has sought to dismiss this case, invoking (among
other grounds) 11 U.S.C. § 521(i) based on failure of the debtor
to file certain documents required by 11 U.S.C. § 521(a)(1)
within 45 days after the commencement of the case. 	The debtor
filed his petition on April 15, 2009, and the documents were
required by Fed. R. Bankr. P. 1007 to be filed by April 30, 2009.
The 45th day after commencement of the case was May 30, 2009.
On May 20, 2009, the debtor filed a motion seeking an
enlargement to May 30, 2009, of the time set by Rule 1007 for
filing the required documents. 	That motion has been granted, and
because May 30, 2009, was a Saturday, the deadline for filing the
required documents was Monday, June 1, 2009. 	The required
documents were not filed by June 1, 2009.
The document below is hereby signed.
Signed: June 12, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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Under § 521(i)(3), “upon request of the debtor made within
45 days after the date of the filing of the petition . . ., 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.” 	The 45th day after the filing of the petition was May
30, 2009. 	The order granting the debtor until Monday, June 1,
2009, to file the required documents can be treated as extending
the 45-day deadline of § 521(i)(3) to June 1, 2009. 	No further
motion to extend the time for filing the required documents was
filed under § 521(i)(3) by either May 30, 2009, or June 1, 2009.
On Tuesday, June 2, 2009, the debtor filed another motion to
extend the time for filing the required documents. 	That second
motion was not filed by the extended deadline sought by the
earlier motion. 	Because the second motion was not filed within
the 45-day period of time, enlarged pursuant to the earlier
motion to June 1, 2009, the court has no discretion to grant the
second motion. 	The statute, in unambiguous terms, requires that
an extension of the 45-day period set forth in § 521(i)(1) be
sought before that 45-day period has expired. 	An order follows
dismissing the case, and reserving for later determination at the
hearing set for June 12, 2009, the issue of whether the
dismissal, as requested by the trustee, should be with prejudice.
[Signed and dated above.]
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3	O:\TEEL\Judge Temp Docs\Carter (Darryle) - Mem Decsn re MTD.wpd
Copies to: Debtor; Debtor’s attorney; Chapter 13 Trustee.
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