Linda D. Jones

1 	Under § 521(i)(1), the papers must be filed by day 45 of
the case to avoid an automatic dismissal requirement, but the
debtor may seek a 45-day enlargement under § 521(i)(3) upon a
showing of justification. 	Because the debtor invokes §
521(i)(3), the court views the debtor’s motion as seeking to
enlarge the time for filing documents to 90 days after the filing
of the petition commencing the case in order to avoid the
triggering of the automatic dismissal requirement of § 521(i)(1).
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
LINDA D. JONES,
Debtor.
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Case No. 07-00621
(Chapter 13)
MEMORANDUM DECISION AND ORDER
GRANTING DEBTOR PARTIAL ENLARGEMENT OF TIME
TO FILE DOCUMENTS AND REQUIRING THE DEBTOR TO
FILE A PLAN AND COMMENCE PLAN PAYMENTS BY JANUARY 17, 2008
Invoking 11 U.S.C. § 521(i)(3), the debtor seeks an
extension until day 90 of the case to file documents required by
11 U.S.C. § 521(a)(1) (an extraordinarily long extension of
time). 1 	She states that she has discovered that she suffers from
The Memorandum Decision and Order below is hereby
signed. Dated: January 4, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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2 	The disease is Charcot-Marie-Tooth disease (CMT).
According to the website of the National Institute of
Neurological Disorders and Strokes, CMT is a neurological
disorder which causes muscular atrophy, and sometimes pain;
“[p]rogression of symptoms [of the disease] is very gradual;” and
pain-killing drugs can be prescribed if severe pain arises. 	The
debtor does not state what “debilitating” aspects of the disease
have impaired her ability to file required papers, but I will
assume in the debtor’s favor that there has been some impairment.
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a debilitating disease 2 and that she needs an attorney. 	The
papers were required to be filed by December 4, 2007 (that is,
within 15 days of the filing of her petition on November 19,
2007). 	Fed. R. Bankr. P. 1007(c). 	The papers are necessary in
order for the trustee and creditors to evaluate the case, and
examine the debtor at a meeting of creditors.
The meeting of creditors is set for January 7, 2008, and a
confirmation hearing is set for February 15, 2008. 	The debtor
has not yet filed a plan. 	That is not one of the documents
listed in § 521(a)(1), but 11 U.S.C. § 1326(a)(1) implicitly
required that a plan be filed by day 30 of the case (that is, by
December 19, 2007), as under § 1326(a)(1) that is the latest date
on which plan payments were to commence in this case, unless the
court were to order otherwise.
If the debtor served a plan on January 17, 2008, the time to
object to confirmation would expire on February 14, 2008. 	If
confirmation is unopposed and the plan is deemed confirmable by
the court, the plan could be confirmed on February 15, 2008,
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without the necessity of holding the confirmation hearing. 	If
confirmation of the plan is opposed, the confirmation hearing
could be held on February 15, 2008. 	In addition, a continued
meeting of creditors could be held on February 4, 2008 (a date on
which the chapter 13 trustee is conducting such meetings), in
order to examine the debtor regarding the documents she files (if
she fails to file them prior to the original meeting of creditors
on January 7, 2008).
The debtor’s motion implicitly concedes that despite her
disease she will be able to file papers if she has the assistance
of an attorney. 	However, the debtor, who filed her motion on
December 21, 2007, should by January 17, 2008, have had more than
sufficient time (even taking account of the holiday season which
has just passed) to obtain the assistance of an attorney and to
file required papers. 	The debtor has not shown cause justifying
extending her time for filing required documents beyond January
17, 2008. 	Accordingly, it is
ORDERED that the debtor is granted until January 17, 2008,
to file the papers required by 11 U.S.C. § 521(a)(1), and she
shall file those papers by that date. 	It is further
ORDERED that the debtor’s motion is otherwise denied. 	It is
further
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4	O:\Judge Temp Docs\Jones (Linda D) Order re Mtn for Extension of Time.wpd
ORDERED that the debtor shall file and serve a plan by
January 17, 2008, and make a plan payment on or before that date.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Chapter 13 Trustee.
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