Procedures for Dismissal of Cases Pending Before Hon. Stephen L. Johnson



Effective January 1, 2012, cases pending before Judge Stephen L. Johnson will be subject to dismissal without further notice or a hearing after the 14th day from the petition date for failure to comply with the filing deadlines of § 521, Fed. R. Bankr. P. 1007, and related timelines. To avoid dismissal, the debtor(s) must comply timely with the debtor(s)’ duties or timely request an extension of time to comply. A sample of an order notifying the debtor(s) that the case may be dismissed for failure to comply timely and of the procedure to request an extension is attached hereto for reference.





ORDER FOR INDIVIDUAL DEBTOR(S) IN CHAPTER 7 CASE TO FILE

REQUIRED DOCUMENTS AND NOTICE OF AUTOMATIC DISMISSAL

OF CASE IN EVENT OF FAILURE TO COMPLY



            The debtor(s) named above failed to file the documents listed below when the case was commenced:


          Form 6 – Summary of Schedules

          Form 6 – Statistical Summary of Certain Liabilities

          Form 6 – Declaration Concerning Debtor’s Schedules

          Schedule A – Real Property

          Schedule B – Personal Property

          Schedule C – Property Claimed as Exempt

          Schedule D – Creditors Holding Secured Claims

          Schedule E – Creditors Holding Unsecured Priority Claims

          Schedule F – Creditors Holding Unsecured Nonpriority Claims

          Schedule G – Executory Contracts and Unexpired Leases (if applicable)

          Schedule H – Codebtors (if applicable)

          Schedule I – Current Income of Individual Debtor

          Schedule J – Current Expenditures of Individual Debtors

          Form 7 – Statement of Financial Affairs

          Form 22A – Statement of Current Monthly Income and Means Test Calculation


            IT IS HEREBY ORDERED that unless, within 14 days of the petition date, the debtor(s) file each document listed above, the court may dismiss this case without further notice or a hearing. 11 U.S.C. § 521(a), Fed. R. Bankr. P. 1007(b)(1), (c).


            The debtor(s) may request an extension of time to file the documents noted above, but must do so before 14 days from the petition date or the expiration of any extension previously granted. The request may be filed electronically, mailed, or delivered in person to the U.S. Bankruptcy Court, 280 S. First Street, Room 3035, San Jose, California 95113, but it must be received by the court before the 14 days or any extension previously granted have expired. If an extension is granted and the documents are not filed, the case may be dismissed.


            IT IS FURTHER ORDERED the debtor(s) must provide payment advices directly to the trustee at least 7 days prior to the first date set for the meeting of creditors under 11 U.S.C. § 341. The debtor(s) is referred to the court’s website for further details: http://www.canb.uscourts.gov/procedures/sj/order-re-filing-payment-advic...).

11 U.S.C. § 521(a)(1)(B)(iv), Fed. R. Bankr. P. 1007(b)(1), (c).


AttachmentSize
Website Announcement re Auto Dismissal.pdf11.25 KB