Ronald Benjamin Mitchell
11
Ann M. Nevins
11/07/2024
11/21/2024
Yes
v
| NEFSVC, FeeDueINST, Withdraw_Reference, ORIGEXHIBITSDISTRICTCOURT |
Assigned to: Chief Judge Ann M. Nevins Chapter 11 Voluntary Asset |
|
Debtor Ronald Benjamin Mitchell
290 Tuthill Street West Haven, CT 06516 NEW HAVEN-CT 203-415-0010 Tax ID / EIN: 33-6492186 |
represented by |
Ronald Benjamin Mitchell
PRO SE |
U.S. Trustee U. S. Trustee
Office of the U.S. Trustee Giaimo Federal Building 150 Court Street, Room 302 New Haven, CT 06510 (203)773-2210 |
represented by |
Steven E. Mackey
Office of the U.S. Trustee The Giaimo Federal Building 150 Court Street, Room 302 New Haven, CT 06510 (203) 773-2210 |
| Date Filed | # | Docket Text |
|---|---|---|
| 11/20/2024 | 35 | BNC Certificate of Mailing (RE: [25] Order on Request for Electronic Service). Notice Date 11/20/2024. (Admin.) |
| 11/20/2024 | 34 | PDF with attached Audio File. Court Date & Time [ 11/20/2024 11:07:08 AM ]. File Size [ 36655 KB ]. Run Time [ 00:15:16 ]. (courtspeak). |
| 11/20/2024 | 33 | Transmittal to U.S. District Court, Case No. 3:24-mc-00106(VDO). Transmittal of ECF No. 20 - Judicial Notice Respecting the Notice of Removal and Vacatur of the Unconstitutional Bankruptcy Referral and the Proper Procedures; and ECF No. 21 - Judicial Notice Respecting the Notice of Removal and Vacatur of the Unconstitutional Bankruptcy Referral. (RE: [20] Notice filed by Debtor Ronald Benjamin Mitchell, [21] Notice filed by Debtor Ronald Benjamin Mitchell). (Attachments: # (1) ECF No. 20 # (2) ECF No. 21 ) (lg) |
| 11/20/2024 | 32 | Hearing Held. No further action to be taken regarding ECF No. 4. (RE: [4] Motion to Dismiss Filed by the U. S. Trustee) (nsm) |
| 11/20/2024 | 31 | Application to Pay Filing Fee in Installments Filed by Ronald Benjamin Mitchell, Debtor. (gr) |
| 11/19/2024 | 30 | SCHEDULING ORDER DIRECTING PAYMENT OF THE FILING FEE: On November 7, 2024, Ronald Mitchell commenced this case by filing a non-individual, Chapter 11 Voluntary Petition on behalf of the Ronald Mitchell Estate. ECF No. 1. A fee of $1,738.00 was due at the time of filing of the Chapter 11 petition, which fee consisted of the filing fee of $1,167.00 pursuant to 28 U.S.C. § 1930(a)(3) and an administrative fee of $571.00 (combined $1,738.00, the "Filing Fee") pursuant to 28 U.S.C. § 1930(b) and the Bankruptcy Court Miscellaneous Fee Schedule prescribed by the Judicial Conference of the United States. Federal Rule of Bankruptcy Procedure 1006 directs that every petition shall be accompanied by the Filing Fee. If the petition is by an individual, the debtor may apply to pay in installments, or in the case of a Chapter 7 individual debtor, the debtor may seek to waive the fee. See, Fed.R.Bankr.P. 1006(b) and (c). Here, on November 7, 2024, Ronald Mitchell paid $434.50 towards the Filing Fee and filed an Application to Pay the Filing Fee in Installments on behalf of the Ronald Mitchell Estate. ECF No. 2. The Court denied the Application because the ability to pay in installments under Fed.R.Bankr.P. 1006(b) is inapplicable to non-individual debtors. ECF No. 9. The Court directed the balance of the Filing Fee ($1,303.50) to be paid by November 15, 2024. No additional payment was made. On November 18, 2024, Ronald Mitchell filed an Amended Voluntary Petition naming himself as an individual debtor under Chapter 11 (now, the "Debtor"). ECF No. 22. Payment of the Filing Fee is still required, but the modification to an individual Chapter 11 case now permits the Debtor to apply to pay the filing fee in installments. In order to apply to pay the filing fee in installment, the Debtor must file an Application for Individuals to Pay the Filing Fee in Installments, Official Form B 103A, effective 12/15. The Application must propose payment of the Filing Fee in full within 120 days of the petition. Fed.R.Bankr.P. 1006(b)(2). Because either the Filing Fee or the Application for Individuals to Pay the Filing Fee in Installments must accompany the petition pursuant to 28 U.S.C. § 1930(a) and Fed.R.Bankr.P. 1006(a) and (b), time is of the essence for the Debtor to address the Filing Fee or the case will be dismissed without further notice or hearing. See, Local Rule of Bankruptcy Procedure 1006-1. Accordingly, it is hereby ORDERED: On or before November 20, 2024, the Debtor shall either pay the Filing Fee balance of $1,303.50 or file an Application for Individuals to Pay the Filing Fee in Installments, Official Form B 103A; and it is further ORDERED: If the Debtor fails to either pay the Filing Fee balance or file the Application, the Debtor's Chapter 11 case shall be dismissed without further notice or hearing. Signed by Chief Judge Ann M. Nevins on November 19, 2024. (gr) |
| 11/19/2024 | 29 | Notice of Deadline(s) to Cure Filing Deficiency to Avoid Dismissal of Case. Deficiencies to be cured on or before 11/25/2024, include: Voluntary Petition Official Form B 101 filed on an outdated form, List of Creditors with Attention Lines not filed, List of 20 Largest Unsecured Creditors not filed with required Official Form B 104, Statement of Social Security Number Official Form B 121 not filed. Deficiencies to be cured on or before 12/2/2024, include: Schedules A/B-J not filed, Summary of your Assets and Liabilities and Certain Statistical Information not filed, Declaration about Debtors Schedules not filed, Statement of Financial Affairs for Individuals not filed, and Chapter 11 Statement of your Current Monthly Income and Means-Test Calculation not filed. (gr) |
| 11/19/2024 | 28 | Notice of Appearance Filed by Linda St. Pierre on behalf of Wells Fargo Bank, N.A. Creditor, . (St. Pierre, Linda) |
| 11/19/2024 | 27 | Notice of Appearance Filed by Linda St. Pierre on behalf of Wells Fargo Bank, N.A. Creditor, . (St. Pierre, Linda) (Entered: 11/19/2024) |
| 11/18/2024 | 26 | Acknowledgment of Transmittal to U.S. District Court. Miscellaneous # 3:24-mc-00106 (VDO) (RE: 17 Transmittal of Documents to District Court). (lg) (Entered: 11/18/2024) |