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IN RE CUSHING

BAP No. MB 08-018. Bankruptcy No. 07-13569-JNF.

401 B.R. 528 (2009)

Joanne M. CUSHING, Debtor. United States of America, Appellant, v. Joanne M. Cushing, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

February 26, 2009.

Attorney(s) appearing for the Case

Peter Sklarew, Washington, DC, on brief for Appellant.

David G. Baker, Boston, MA, on brief for Appellee.

Before LAMOUTTE, DE JESÚS, and VAUGHN, United States Bankruptcy Appellate Judges.

LAMOUTTE, Bankruptcy Judge.

The United States of America, on behalf of its agency, the Internal Revenue Service (the "IRS") appeals from an order of the bankruptcy court denying its motion to dismiss the chapter 13 petition of Joanne M. Cushing (the "Debtor"). The IRS sought dismissal or conversion on the grounds that the Debtor had failed to file her tax return before the first meeting of creditors in violation of 11 U.S.C. § 1308(a).1

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