Debtor filed a voluntary petition for Chapter 13 relief on September 17, 2010. On September 20, 2010, the bankruptcy court’s clerk’s office issued a Deficiency Notice to Debtor, advising him of his failure to file several required documents, including a Statement of Affairs and his schedules. Debtor was directed to file the required documents by October 1, 2010. On September 28, 2010, the following message was noted on the case docket:
Clerk’s Notice of Mailed 341 Without Matrix. The Notice ofMeeting of Creditors has been sent to the BNC for mailing. A list of creditors (matrix) has not been filed in this case. Creditors will not receive notice of the meeting of creditors. See Fed. R. Bankr. P. 2002(a)(2). To avoid possible dismissal of the case, a matrix should be filed forthwith. Notify all creditors by mail of the meeting of creditors and a certificate of service of the notice must be filed with the Court certifying that creditors have been sent timely and proper notice of Meeting of Creditors. Please see 11 U.S.C. 521, Fed. R. Bankr. P. 1007, 2002, 9006, and Local Rule 1007-1.
Debtor filed his Statement of Affairs and schedules, among other things, with the bankruptcy court on October 1, 2010. He did not file a separate creditor list, but did include the names and addresses of his creditors within the schedules that were filed. The Meeting of Creditors, which had been scheduled by the bankruptcy court on September 18, 2010, was to be held on October 22, 2010. On November 1, 2010, the Chapter 13 trustee filed a motion to dismiss Debtor’s case because he had failed to file a “Creditor Matrix . . . as required by 521(a)(1)(A) and Local Rule 1007-1” and that, as a result, Debtor’s creditors had not received notice of the Meeting of Creditors. On November 2, 2010, the bankruptcy court clerk issued a Notice of Dismissal of Debtor’s case pursuant to Bankruptcy Code Section 521(i)(1).
On November 3, 2010, Debtor filed an “Amended Matrix,” listing his creditors’ names and addresses, using the bankruptcy court’s form. On November 8, 2010, Debtor filed a motion to vacate the clerk’s dismissal of his case. Trustee objected to Debtor’s motion to vacate on November 24, 2010, and the court denied the motion at a hearing on December 8, 2010. The order denying Debtor’s motion was entered on December 16, 2010. Debtor filed his notice of appeal on December 29, 2010.
The BAP concluded that Bankruptcy Code Section 521(a)(1), together with Rule 1007 and Local Rule 1007-1, required the Debtor to file a separate list of creditors in conformance with the “mailing matrix” specifications provided by the Utah bankruptcy court clerk, and that this filing was required to be made within two days of the filing of Debtor’s petition. His failure to do so until only after he was notified of the dismissal was fatal to his case.
Affirmed.