What does this mean??? Should I be concerned?

[limonrod]

Hello All...

I checked Pacer today and my heart sank....not sure what this means or if I should be concerned....

Background - I am pro se, had my 341 meeting on 3/14/12; Chapter 7 Trustee's Report of No Distribution on 3/16/12, which I thought was great. However, dated today, 3/19/12, I see this:

Order that this case is not subject to dismissal under 521(i)(1)

I pulled up the document/Order on Pacer and this is what it says:

"Because no party in interest has filed a request for an order of dismissal pursuant to 11 U.S.C. § 521(i)(2) and because the parties in interest should not be subjected to any uncertainty as to whether this case is subject to automatic dismissal under §521(i)(1), Debtor is not required to file any further document pursuant to §521(a)(1)(B) to avoid an automatic dismissal and this case is not and was not subject to automatic dismissal under §521(i)(1). This does not prevent any party in interest from requesting by motion that Debtor supply further information described in §521(a)(1)(B), and this does not prevent the United States Trustee or Chapter 7 Trustee from requesting by any authorized means, including but not limited to motion, that the Debtor supply further information."

I looked up 11 U.S.C. 521(i)(1), and unless I pulled up the wrong thing, this is what it says:

§ 521. Debtor's duties

(i) If requested by the United States trustee or a trustee serving in the case, the debtor shall provide--

(1) a document that establishes the identity of the debtor, including a driver's license, passport, or other document that contains a photograph of the debtor; and

(2) such other personal identifying information relating to the debtor that establishes the identity of the debtor.

What does this all mean? I have filed all schedules, provided ID and SS card at 341 meeting. 341 meeting went wonderfully.

I am about to have a heart attack I think! Please help!

[ValleYum]

Nooooooooo - please do not worry - just call your attorney BUT I believe with about 99% certainty that this means that you have fulfilled all the duties of a debtor (you). The other Title 11 numbers have to do with ID, paystubs, tax returns and your creditor matrix, yadda yadaa (I am again ~99% sure) - if those are filed and with the Trustee then you should be fine.

PLEASE call your lawyer and ask so you can relax. That is why you pay him the BIG bucks.

No freaking out ALLOWED unless/until your lawyer tells you to.

I know that today is gonna be a PEACH of a day for you.

[limonrod]

OK....after I stopped hyper-ventilating, I re-read the Order for the 10th time and I think it is not a bad thing. I think it just means that my case IS NOT subject to automatic dismissal for failure to file ID/SS card....right?

[LadyInTheRed]

What you quoted is from 521(h). 521(a)(1)(B) says:

(a) The debtor shall—
(1) file—
(A) a list of creditors; and
(B) unless the court orders otherwise—
(i) a schedule of assets and liabilities;
(ii) a schedule of current income and current expenditures;
(iii) a statement of the debtor’s financial affairs and, if section 342 (b) applies, a certificate—
(I) of an attorney whose name is indicated on the petition as the attorney for the debtor, or a bankruptcy petition preparer signing the petition under section 110 (b)(1), indicating that such attorney or the bankruptcy petition preparer delivered to the debtor the notice required by section 342 (b); or
(II) if no attorney is so indicated, and no bankruptcy petition preparer signed the petition, of the debtor that such notice was received and read by the debtor;
(iv) copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition, by the debtor from any employer of the debtor;
(v) a statement of the amount of monthly net income, itemized to show how the amount is calculated; and
(vi) a statement disclosing any reasonably anticipated increase in income or expenditures over the 12-month period following the date of the filing of the petition;

It's a good thing. It means you have filed all of the items listed in that subsection and that your case will not be dismissed for failure to file those items.

[BankruptinNJ]

Nooooooooo - please do not worry - just call your attorney BUT I believe with about 99% certainty that this means that you have fulfilled all the duties of a debtor (you). The other Title 11 numbers have to do with ID, paystubs, tax returns and your creditor matrix, yadda yadaa (I am again ~99% sure) - if those are filed and with the Trustee then you should be fine.

PLEASE call your lawyer and ask so you can relax. That is why you pay him the BIG bucks.

No freaking out ALLOWED unless/until your lawyer tells you to.

I know that today is gonna be a PEACH of a day for you.

The OP filed pro se, so no attorney.

[ValleYum]

The OP filed pro se, so no attorney.

Ooops - I guess I missed that line :blush: in the quest to double check the BK codes.

The good news is that it sounds like they are okay & that the PACER remark was likely auto-generated (thinking about it now, it sounds as something they may post on PACER in that district for pro-se filers).

I did look at the subforum but again must have missed the big ole sentence labeled "background". Thanks for letting me know.

[limonrod]

Thank you all for your responses! This is a wonderful and informative forum! This forum has definitely made this process alot smoother for me!

I panicked when I saw the word "Order" on the docket report on pacer, and I must have mistaken the word "dismissal" for "discharge" and in my panicked mind, I read, "Order that this case is not subject to DISCHARGE under 521(i)(1)" - instead of what is actually was, DISMISSAL. - caused myself about 20 minutes of undue grief! lol

[AngelinaCatHub]

A batch of new hamsters are being trained just for your Victory dance in mere days. 'Hub