I have previously discussed dismissal under §521 for failure to file the required documents. See here, and here.
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?