Judge Cristol in the Southern District of Florida has just weighed in on the issue in In re Riddle, Case No. 06-11313-BKC-AJC (Bankr. S.D. Fla. 7/17/06). No doubt the debtors are part of my extended family. The case is discussed in detail in the BAPCPA Blog: Riddles and Rhymes – Court Ponders ‘Automatic’ Dismissal."
Judge Cristol, in Dr. Suess form, wrote the following:
I do not like dismissal automatic,
It seems to me to be traumatic.
I do not like it in this case,
I do not like it any place.
As a judge I am most keen
to understand, What does it mean?
How can any person know
what the docket does not show?
The puzzle of 521(i) leads Judge Cristol to plead:
What does automatic dismissal mean?
And by what means can it be seen?
Are we only left to guess?
Oh please Congress, fix this mess!
Until it’s fixed what should I do?
How can I explain this mess to you?