Motion to Dismiss
Last Updated: December 1, 2009

 

U.S.C.: 707, 1112(b), 1208, 1307
FRPC:  1017, 2002(a)(4)

 

 

Filing Requirements:

If filed by Ch. 12 Debtor or Ch. 13 Debtor

If filed by Ch. 7 Debtor, Ch. 11 Debtor, or Party in Interest (all chapters)

  • Motion to Dismiss

  • No Notice required unless the case was previously converted. If the case was previously converted, a 21-day notice to all creditors and Proof of Service is required.

  • Proposed Order

  • Motion to Dismiss

  • Notice of Hearing in Blank (Required for Judge Martin's Cases when filed by Chapter 7 Debtor)

  • Notice of Motion:

    • Ch.7, 11, or 12: 21 days to object. Notice is sent to all creditors. Rule 2002(a)(4)

      • Ch. 13 or Ch. 7 under 707(a)(3) or 707(b) (substantial abuse): Usually 21 days to object to the parties in interest.

    • Proof of Service

    • Proposed Order (may be filed after the last day to object has expired)


    To File Electronically:

    If filed by Ch. 12 Debtor or Ch. 13 Debtor

    If filed by Ch. 7 Debtor, Ch. 11 Debtor, or Party in Interest (all chapters)

    1. Log into CM/ECF.

    2. Select [Bankruptcy >  Motions/Applications].

    3. Enter the case number (e.g, xx-xxxxx).

    4. Select [Dismiss Case/Other Than 11 USC 521(i) or 707(b)] from the event list.

    5. Skip the Joint Filing screen.

    6. Select the party filer.

    7. Browse to select the Motion (.pdf file).

      Note:  Any supporting documents and Proof of Service may be added as attachments to this document.

    8. Remove the last day to object. No notice is required when Motion is filed by a chapter 12 or chapter 13 debtor.

    9. Modify the text as appropriate.

    10. Verify the final docket text; if correct, click [Next] to submit your document(s).

      Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

    11. Electronically file the Proposed Order. Instructions

      1. Log into CM/ECF.

      2. Select [Bankruptcy >  Motions/Applications].

      3. Enter the case number (e.g, xx-xxxxx).

      4. Select the appropriate event from the event list:

        • Dismiss Case 11 USC 521(i)...

        • Dismiss Ch 7 Case for Abuse 11 USC 707(b)

        • Dismiss Case/Other Than 11 USC 521(i) or 707(b)

        • Dismiss Case for Failure To File Tax Return

        • Dismiss Case for Failure to Make Plan Payments

          Note: If the Motion to Dismiss is combined with a Motion to Convert, Ctrl and click to select both events. To accurately report statistics to Congress, it is crucial that the correct event is selected.

      5. Skip the Joint Filing screen.

      6. Select the party filer.  If the party is not listed, click on Add/Create New Party.

        Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

      7. Browse to select the Motion (.pdf file).

        Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

      8. Enter the last day to object (defaults to 21 days; modify if necessary).

        Note:  Remove this date if you are not filing a Notice giving time to object at this time.

      9. Modify the text as appropriate.

        Note: If you selected more than one relief type, select and/or from the second prefix box.

      10. Verify the final docket text; if correct, click [Next] to submit your document(s).

        Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

      11. If Motion is filed by a Chapter 7 Debtor and is a Judge Martin Case, electronically file  the Notice in Blank: [Bankruptcy > Notices > Notice of Hearing in Blank].

      12. If Motion is filed by the U.S. Trustee, they will electronically file the Notice of Motion [Bankruptcy > Trustee/US Trustee > Notice of US Trustee Motion to Dismiss or Notice of US Trustee Motion to Dismiss or Convert]. The Court will send the notice to all creditors via the BNC.

      13. Electronically file the Proposed Order. Instructions