In re Mitchell
In re Mitchell
Opinion of the Court
DECISION & ORDER
The trustee has moved to dismiss this bankruptcy case for the reason that the debtor failed to file all of the payment advices related to employment during the sixty days prior to the filing of her petition. On the grounds stated hereafter, this motion is denied.
The filed payment advices indicate that Mitchell’s employer disbursed its payroll every two weeks for a period that ended two weeks earlier. For example, among the payment advices that Ms. Mitchell has filed with this court, the most recent is dated January 4, 2007, and refers to the payment of salary earned during the period that began on December 7, 2006, and that ended on December 20, 2006. Inasmuch as the employer paid salary every two weeks, the next subsequent payment advice would be distributed on January 18, 2007, a date subsequent to the commencement of Mitchell’s bankruptcy.
Section 521(a)(l)(B)(iv) mandates the filing only of those payment advices that the debtor “received within 60 days before the date of the filing of the [bankruptcy] petition.” Even though the filed payment advices did not refer to any wages earned during the 27 days immediately prior to commencement of this bankruptcy case, the debtor nonetheless satisfied the requirement to file the payment advices that she received during that period. Hence, the motion to dismiss will be denied. The trustee may still seek the turnover of additional payment advices, but any such turnover obligation will not create a basis for automatic dismissal pursuant to 11 U.S.C. § 621®.
So ordered.
Reference
- Full Case Name
- In re Mary E. MITCHELL, Debtor
- Status
- Published