Case Summary:
The Debtor appeared before the Court pursuant to an order to show cause as to why her current bankruptcy case should not be dismissed for failure to pay the filing fee in each of two previous bankruptcy cases she had commenced, one in 1995, and one in 1996. The Court took the matter under advisement to determine whether her debt to the court warranted dismissal of the present case, and if not, how unpaid filing fees from previous bankruptcies should be treated in the pending bankruptcy. The Court determined that debts for unpaid filing fees are general unsecured debts, and failure to pay the fees is not grounds for dismissal of the Debtor’s current bankruptcy case.
Statute/Rule References:
11 U.S.C. § 109(g)(1) -- Who May be a Debtor
11 U.S.C. § 1307 -- Conversion or Dismissal
28 U.S.C. § 1930 -- U.S. Trustee Fees
Key Terms:
Order to Show Cause - Unpaid Fees