BAPCPA: Court may not enlarge time limitations to meet new requirements

Bankruptcy Court lacks discretion to enlarge the time limits under BAPCPA § 521(a)(1)(B)(iv)

In re Ott, 343 B.R. 264 (Bkrtcy.D.Colo. 2006) Debtor filed chapter 7 two days after effective date of BAPCPA. Debtor failed to file required "payment advices" (paystubs or other evidence of income) as required under BAPCPA per § 521(a)(1)(B)(iv) within 45 days of filing the petition as required under § 521(i). Debtor's counsel informed court he may have inadvertently failed to inform debtors that pay stubs had to be filed by a certain date. Case was dismissed automatically on the 46th day. Debtors moved for relief from judgment based on counsel's confusion over the filing requirements of BAPCPA. The court, observing that by passing BAPCPA Congress viewed debtors "as the moral equivalent of shoplifters" reluctantly held that the court had no discretion to retroactively extend the 45-day deadline. Citing Judge Keith Lundin's treatise on Chapter 13, the court observed that the dismissal is automatic and requires no order by the court. "BAPCPA is a complex and extensive statute that is, at times, unforgiving to debtors and to their counsel. Snares and traps are present throughout BAPCPA for unwary debtors. By the design of Congress, the Court is not in a position to extricate counsel and debtors from these perils."