Date of Decision:
January 28, 2010
Whether Debtor’s refusal to amend his form B22A and schedules I and J and his refusal to provide copies of his cohabitating girlfriend’s pay advices and federal income tax refund constituted cause for dismissal under 11 U.S.C. § 707(a)?
No, cause for dismissal was not shown. A debtor would be required to disclose financial benefits received from a non-spouse on line 8 of form B22A. However, the record did not support a finding that Debtor received any such benefits in this case. A debtor would also be required under 11 U.S.C. § 521(a)(3) to provide copies of a cohabitating non-spouse’s financial information, including pay advices and federal income tax returns, if such financial information was in his possession or under his control. However, the record did not support a finding that Debtor was in possession or control of his cohabitating girlfriend’s pay advices or federal income tax return. Consequently, while the information sought was relevant to the United States Trustee’s review of the totality of the circumstances of Debtor’s financial situation, that information would need to be obtained from Debtor’s cohabitating girlfriend, either voluntarily or by an examination under Fed.R.Bankr.P. 2004.