Dr. Seuss on Bankruptcy Law

Collier on Bankruptcy

No, not this bankruptcy expert. The other one.

Bankruptcy Judge A. Jay Cristol (S.D. Fla.) was vexed by a bankruptcy statute saying that if an individual debtor in a voluntary chapter 7 or 13 case fails to file certain information within 45 days of filing his petition, the case shall be “automatically dismissed” on the 46th day.

Judge Cristol struggled with the statutory riddle of how a case could be automatically dismissed without court action or even a docket entry.

He decided to analyze the question in the style of one of the foremost experts in bankruptcy. Nope, not Collier.

I do not like dismissal automatic,

It seems to me to be traumatic

I do not like it in this case,

I do not like it any place.

As a judge I am most keen

To understand, What does it mean?

How can any person know

what the docket does not show?

What is the clue on the 46th day?

Is the case still here, or gone away?

It goes on for several more verses. Rumor has it the Cat in the Hat appeared pro hac vice on behalf of the debtor.

In re Riddle, 344 B.R. 702, 703 (Bankr. S.D. Fla. 2006). Thanks to Kevin McDowell.

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Andrew Jay McClurg is a law professor whose teaching and research interests include tort law, products liability, legal education, privacy law and firearms policy. He holds the Herbert Herff Chair of Excellence in Law at the University of Memphis Cecil C. Humphreys School of Law.
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