Gladys Louise Hamilton

1 Section 521(i)(1) provides, in relevant part, that "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."
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
NEW BERN DIVISION
IN RE:
GLADYS LOUISE HAMILTON,
Debtor.
CASE NO.
07-01634-8-JRL
ORDER
The matter before the court is the debtor's motion to set aide dismissal. For the reasons that
follow, the motion will be denied.
On May 2, 2007, the debtor filed for relief under Chapter 13. On May 3, 2007, the court sent
the debtor a deficiency notice for missing schedules and statements, noting that the case would be
subject to automatic dismissal pursuant to 11 U.S.C. § 521(i) if the required documents were not
timely filed. 1 On June 18, 2007, the court entered an order stating that the case was automatically
dismissed, pursuant to § 521(i), on the 46th day after the filing of the petition for failure to provide
documents required by § 521(a).
SO ORDERED.
SIGNED this 30 day of July, 2007.
________________________________________
J. Rich Leonard
United States Bankruptcy Judge
____________________________________________________________
Case 07-01634-8-JRL Doc 27 Filed 07/30/07 Entered 07/30/07 15:28:15 Page 1 of 2

2
On June 25, 2007, the debtor filed a motion to reinstate the case, contending that it was due
to the neglect of her attorney and no fault of her own that the amended schedules were not filed. As
Judge Small noted in In re Woodard, Case No. 05-06092-5-ATS (Bankr. E.D.N.C. Feb. 9, 2006),
"there is no provision other than § 521(i)(4) that gives the court the authority not to dismiss the case
if the required documents are not filed.” Specifically, § 521(i)(4) provides that, on the motion of the
trustee made within the 45-day period, the court may decline to dismiss the case under certain
circumstances. In this case, like in Woodard, the trustee did not file a motion prior to the expiration
of the 45-day period, and the trustee has not indicated that the best interest of creditors would be
served by administration of the estate. Accordingly, the court does not find any authority to support
the debtor's request.
Based on the foregoing, the debtor’s motion to set aside dismissal is denied.
END OF DOCUMENT
Case 07-01634-8-JRL Doc 27 Filed 07/30/07 Entered 07/30/07 15:28:15 Page 2 of 2