USCA1 Opinion

[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals

For the First Circuit

                                 No. 98-1815



      IN RE: ASOCIACION DE COMERCIANTES DEL VIEJO SAN JUAN,



                            Appellant.









           APPEAL FROM THE UNITED STATES DISTRICT COURT



                 FOR THE DISTRICT OF PUERTO RICO



        [Hon. Juan M. Perez-Gimenez, U.S. District Judge]









                              Before



 Lynch, Circuit Judge,

Bownes, Senior Circuit Judge,

and Lipez, Circuit Judge.









     Jesus Santiago Malavet and Santiago, Malavet & Santiago on brief for appellant.

     Carlos M. Sanchez La Costa on brief for appellee.











March 19, 1999







                                

                                



                                                    Per Curiam.  Upon careful review of the record and

    the briefs, we conclude that the bankruptcy court acted within

    its discretion in dismissing appellant's petition for failure

    to make timely filings.  See 11 U.S.C.  521(1) & 1112(e).  

              Even assuming, arguendo, that appellant did not

    receive the order dated August 5, and even though appellant had

    requested an extension, the dismissal still was not an abuse of

    discretion.  Particularly in light of the Notice to Debtor of

    Filing a Petition in Bankruptcy dated July 30, 1997, appellant

    could not claim ignorance of the statutory filing requirements

    and the potential consequences of default.  Appellant proceeded

    at its peril by disregarding those requirements,

    notwithstanding the pending motion, which motion was not

    supported by such good cause that appellant's lack of diligence

    necessarily was excused by it or that the bankruptcy court

  necessarily was bound to grant it. 

     Appellant's "motion to submit case on the pleadings"

  is granted.

     Affirmed.  See 1st Cir. Loc. R. 27.1.