Andrea Jo Carmello

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
NEW BERN DIVISION
IN RE:
ANDREA JO CARMELLO,
DEBTOR. 	CASE NO. 08-00565-8-JRL
______________________________________________________________________________
ORDER
This case is before the court on an order to show cause, issued at the request of the
Bankruptcy Administrator, why this case should not be dismissed for failing to abide by the court’s
order directing Andrea Jo Carmello (“debtor”) to provide the Bankruptcy Administrator with pay
advices for the sixty days prior to filing and a copy of the most recent federal income tax return
filed, or a written statement that the documents do not exist. 	On March 13, 2008, the court
conducted a hearing on this matter in Wilson, North Carolina.
The debtor filed chapter 7 on January 30, 2008, and was required to file pay advices for the
sixty days prior to filing and a copy of the most recent federal income tax return filed, or a written
statement that the documents do not exist, with the Bankruptcy Administrator by February 14, 2008.
The Bankruptcy Administrator contacted debtor’s counsel on February 22, 2008, because these
documents had not yet been received. The Bankruptcy Administrator subsequently received the
SO ORDERED.
SIGNED this 20 day of March, 2008.
________________________________________
J. Rich Leonard
United States Bankruptcy Judge
____________________________________________________________
Case 08-00565-8-JRL Doc 19 Filed 03/20/08 Entered 03/20/08 13:04:22 Page 1 of 2

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federal income tax return on February 26, 2008, but again contacted the debtor’s counsel because
the pay advices had not been filed. On February 26, 2008, the Bankruptcy Administrator also filed
a motion requesting the court to issue a show cause order. After the Bankruptcy Administrator
contacted debtor’s counsel for the third time on March 3, 2008, the debtor’s counsel submitted the
pay advices on March 6, 2008.
The debtor’s counsel claims that the failure to timely provide the required documents to the
Bankruptcy Administrator was a direct result of staffing problems that he encountered during the
time period that the debtor was ordered to provide the required documents, as well as the inherent
complexity of the process. Although the court is understanding of these problems, the debtor’s
counsel has repeatedly failed to file documents with the Bankruptcy Administrator in a timely
manner. Therefore, the court orders the debtor’s counsel to rebate $200.00 in fees to the debtor as
a sanction for failing to timely file the required documents with the Bankruptcy Administrator. 11
U.S.C. § 329(b)(2).
“END OF DOCUMENT”
Case 08-00565-8-JRL Doc 19 Filed 03/20/08 Entered 03/20/08 13:04:22 Page 2 of 2