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In Re: Jimmie Earl Stephen, Debtor. v. Alan S. Fukushima

April 2, 2012

IN RE: JIMMIE EARL STEPHEN, DEBTOR.
JIMMIE EARL STEPHEN, APPELLANT,
v.
ALAN S. FUKUSHIMA, TRUSTEE;
UNITED STATES TRUSTEE, APPELLEES.



Appeal from the United States Bankruptcy Court for the Eastern District of California Honorable Robert S. Bardwil, Bankruptcy Judge, Presiding Bk. No. 10-50583

SUSAN M SPRAUL, CLERK

U.S. BKCY. APP. PANEL OF THE NINTH CIRCUIT

MEMORANDUM*fn1

Submitted Without Oral Argument on March 22, 2012

Filed - April 2, 2012

Before: DUNN, MARKELL and PAPPAS, Bankruptcy Judges.

The debtor, Jimmie Earl Stephen ("Mr. Stephen"), appeals the bankruptcy court's order dismissing his chapter 7*fn2 bankruptcy case for failing to file certain documents identified in the bankruptcy court's deficiency order. We AFFIRM.

Factual Background

The relevant facts in this appeal are limited and straightforward. Mr. Stephen filed a chapter 7 bankruptcy petition on November 19, 2010. Apparently, at the time of his bankruptcy filing, Mr. Stephen was incarcerated. On the same date, the bankruptcy court entered a deficiency order ("Deficiency Order"), noting that Mr. Stephen's bankruptcy filing was incomplete and requiring that the following documents be filed by the designated deadlines, as follows:

Document Deadline Date

Verification and Master Address List 11/29/10

Schedule A - Real Property 12/3/10

Schedule C - Exempt Property 12/3/10

Schedule D - Secured Creditors 12/3/10

Schedule H - Codebtors 12/3/10

On November 19, 2010, Mr. Stephen also filed an application for waiver of the bankruptcy filing fee. His application was denied by order of the bankruptcy ...


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