Emory Bankruptcy Developments Journal


Mantas Valiunas


This Comment will look at how a narrow reading of § 521(i) leads to an automatic dismissal which encourages abuse of the bankruptcy system by dishonest debtors. While a strict and rigid application of § 521(i) requirements allows dishonest debtors to manipulate the system, it also leads to unfavorable outcomes for honest debtors. If any documents or information have not been filed in a timely manner, then a bankruptcy case may be dismissed automatically. Although there are several solutions, including the promotion of judicial discretion and the use of waiver forms, this Comment suggests an amendment to the Code that will promote fairer results for debtors.