Zapata v. United States Trustee (In Re Zapata)

MEMORANDUM

Juan Carlos Zapata and Patricia Ultrer-as (“Debtors”) appeal pro se from the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s order dismissing their Chapter 13 petition. We review de novo BAP decisions, and apply the same standard of review that the BAP applied to the bankruptcy court’s ruling. Boyajian v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir. 2009). We affirm.

The bankruptcy court properly dismissed Debtors’ Chapter 13 petition because Debtors failed to demonstrate that they attended the § 341(a) creditors meeting, and failed to commence making timely payments. See 11 U.S.C. § 343 (“The debt- or shall appear and submit to examination under oath at the meeting of creditors under section 341(a) of this title.”); id. § 1326(a)(1) (“[DJebtor shall commence making payments not later than 30 days after the date of the filing of the plan....”); id. § 1307(c)(4) (a bankruptcy court may dismiss a case for “failure to commence making timely payments”); Bernard v. Coyne (In re Bernard), 40 F.3d 1028 , 1030 n.1 (9th Cir. 1994) (“[An] [u]nexcused failure to attend a 341(a) meeting can ... result in sanctions, such as…