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In this Chapter 7 bankruptcy proceeding, debtor Bruce G. LaPlante, Jr. filed a motion for reconsideration of a prior order that had dismissed his case. The dismissal was based on his failure to file payment advices as required by 11 U.S.C. § 521(a)(1)(B)(iv). The court, presided over by Judge Carl L. Bucki, granted the motion for reconsideration and vacated the dismissal order. The judge determined that the statutory requirement to file payment advices applies only to income received from an employer, and since Mr. LaPlante's income derived solely from Social Security disability and Workers' Compensation benefits, neither of which are considered employer-based, the filing requirement was inapplicable. Consequently, the automatic dismissal provision under 11 U.S.C. § 521(i) could not be properly invoked against the debtor.
In Re LaPlante is a workers' compensation case decided in United States Bankruptcy Court, W.D. New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in United States Bankruptcy Court, W.D. New York.
Full Decision Text1 Pages
In this Chapter 7 bankruptcy proceeding, debtor Bruce G. LaPlante, Jr. filed a motion for reconsideration of a prior order that had dismissed his case. The dismissal was based on his failure to file payment advices as required by 11 U.S.C. § 521(a)(1)(B)(iv). The court, presided over by Judge Carl L. Bucki, granted the motion for reconsideration and vacated the dismissal order. The judge determined that the statutory requirement to file payment advices applies only to income received from an employer, and since Mr. LaPlante's income derived solely from Social Security disability and Workers' Compensation benefits, neither of which are considered employer-based, the filing requirement was inapplicable. Consequently, the automatic dismissal provision under 11 U.S.C. § 521(i) could not be properly invoked against the debtor.
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