Rule 2084-15

Trustee Motion to Dismiss

(a) Trustee Motion.  A motion to dismiss filed by the case trustee because the debtor is delinquent in one or more plan payments may provide for dismissal of the case unless, within 30 days of the case trustee filing the motion, the debtor does one of the following:

(1) Pays the case trustee the amount of the delinquent plan payments or gets an informal agreement with the case trustee to catch up the payments;

(2) If the debtor is otherwise eligible, files with the court, and serves a copy on the case trustee, a notice of conversion to chapter 7; or

(3) Files and serves a motion for a moratorium of the delinquent plan payments.

(b) Dismissal.  If the debtor fails to timely do one of the acts in paragraph (a), the case trustee may upload an order dismissing the case and the court may summarily dismiss the case.


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