Rule 1017-1

Dismissal of Case

(a) Notice of Potential Dismissal.  Notice of the potential dismissal of a case for failure to timely file the schedules, statements or chapter 12 or 13 plan will be given in the notice of meeting of creditors.

(b) Dismissal Without Further Notice.  Failure of the debtor to timely file the documents required by the FRBP or the Local Rules or to appear at the meeting of creditors is cause for dismissal of the case. Notwithstanding Code § 521(i)(1), no case shall be dismissed except upon the entry of an order.

(c) Motion to Dismiss by Chapter 7 Debtor.

 (1) Motion.  A debtor’s motion to dismiss a case must state:

(A) whether the case has been previously converted from another chapter and,

(B) if there are any pending motions to convert or dismiss with prejudice.

 (2) Service.  The motion must be served on the case trustee, the United States Trustee and all creditors.

 (3) Objection.  An objection must be filed in accordance with LR 9013-1.  If an objection is filed, the debtor must schedule a hearing, giving notice to the objecting party, the trustee and the United States Trustee, unless ordered otherwise by the Court. 

 (4) No Objection.  Upon the filing of a certificate of service and of no objection, the Court may enter an order dismissing the case.

 (d) Motions to Dismiss an Individual Debtor Case Under Code § 521(i)(2).

(1) Motion.  A motion filed by a non-debtor under Code § 521(i)(2) must be filed and served in compliance with LR 9013-1. The motion must state the missing or deficient items that are listed in Code § 521(a)(1)(A) and (a)(1)(B)(i) through (v).

(2) Objection.  An objection to the motion must be filed in accordance with LR 9013-1. If an objection is filed, the movant must schedule a hearing, giving notice to the objecting party, the trustee and the United States Trustee, unless ordered otherwise by the Court.

(3) No Objection.  Upon the filing of a certificate of service and of no objection, the Court may enter an order dismissing the case. 

(e) Dismissal with Prejudice.  Unless otherwise stated in the dismissal order, an order dismissing a case with prejudice means that the debtor is prohibited from filing another bankruptcy petition for 180 days from the date that the dismissal order is entered on the docket. If the debtor files a subsequent bankruptcy petition within the 180-day period, the Clerk will assign the new case to the judge that entered the dismissal order, and notify the Court of the new case.

(f) Reinstatement.

(1) Motion.  A case dismissed for failure of the debtor to timely file a required document, for failure to appear at the meeting of creditors or failure to pay a fee may be reinstated on motion of the debtor or any other party, under FRBP 9024. 

(2) Debtor’s Waiver of Deadlines.  A debtor’s motion must conform to Local Form No. 1017-1 Motion to Vacate Order of Dismissal and to Reinstate Case available on the Court’s website. If a dismissed case has been closed, debtor must file a motion to reopen the case accompanied by the applicable fee. 

(3) Service.  The movant must serve the motion on the debtor, the case trustee, the United States Trustee and any interested party who has appeared in the case.

(4) Order.  The Court may grant the motion on an ex parte basis or set a hearing on notice to interested parties.


Notes 2018:  This rule was amended to comply with FRBP 1017 and 2002 and to formalize the reinstatement process.  The LR requires debtors seeking to reinstate their cases to waive timeliness objections to certain complaints, motions, claims, etc. as a condition of reinstatement.  A debtor’s motion to reinstate must conform to Local Form No. 1017-1 Motion to Vacate Order of Dismissal and to Reinstate Case available on the Court’s website.

 

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