Critical Case Comment – U.S. v. Cushing (In re Cushing), 401 B.R. 528, 536, 538 (1st Cir. B.A.P. 2009) (LaMoutte)

U.S. v. Cushing (In re Cushing), 401 B.R. 528, 536, 538 (1st Cir. B.A.P. 2009) (LaMoutte)

Where a Chapter 13 trustee fails to affirmatively “hold open” a meeting of creditors, a court has no discretion but to dismiss a debtor’s Chapter 13 case where the debtor fails to have filed all tax returns due to the IRS prior to the meeting of creditors when requested by a party in interest.

Summary of the Case . . .

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