Motion to Dismiss Case

Last Updated: December 17, 2014

See also Notice and Service Requirements

See also Multi-Part Motions

If filed by Debtor

If filed by Interested Party or US Trustee (all chapters).

  • Chapter 12 (no prior conversions) or Chapter 13:
    - 14 day objection period
    - service on interested parties.

  • Chapter 7 or Chapter 11:
    - 21 day objection period
    - service on all creditors.
       (Rule 2002(a)(4))

  • Chapter 12 (prior conversion):
    - 21 day objection period
    - service on all creditors.
            (Rule 2002(a)(4))

Filing Requirements:

  • Motion to Dismiss Case.

  • Notice of Motion with applicable objection period.

  • Proof of Service on applicable parties.

  • Chapter 13:
    - 14 day objection period
    - service on interested parties.

  • Chapter 7: (By US Trustee pursuant to Section 707(a)(3)):
    - 14 day objection period
    -  service on interested parties.

  •  Chapter 7: (By US Trustee, Trustee, or Interested Party pursuant to Section 707(b)):
    - 14 day objection period
    -  service on interested parties.

  • Chapter 7, 11, or 12:
    (By Interested Party):
    - 21 day objection period
    - service on all creditors.
       (Rule 2002(a)(4))

Filing Requirements:

  • Motion to Dismiss Case.

  • Notice of Motion with applicable objection period.

  • Proof of Service on applicable parties.


To File Electronically:

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

If filed by Ch. 7 or  Ch. 11 Debtor, or Interested Party (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 (14 day notice or Dismiss Case (21 day notice)] from the event list.

  5. Skip the Joint Filing screen.

  6. Select the party filer.

  7. Enter a "y or n" if the notice and proof of service are included with the motion.

    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 date served.

  9. Accept objection date.

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

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

  11. Modify the text as appropriate.

  12. 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.

  13. Submit 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 (14 day notice)

  • Dismiss Case (21 day notice)

  • Dismiss for Abuse

  • Dismiss Case for Failure To File Taxes

  • Dismiss Case for Failure to Make Plan Payments

  • Dismiss Case under 521(a)(1)

  • Dismiss Duplicate Case

    Note: If filing a Motion to Dismiss and/or a Motion to Convert, hold down Ctrl key and click to select both events. To accurately report statistics to Congress, it is crucial that the correct event is selected.

  1. Skip the Joint Filing screen.

  2. 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.

  3. Enter a "y or n" if the notice and proof of service are included with the motion.

    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.

  4. Enter date served.

  5. Accept objection date.

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

  7. Modify the text as appropriate if necessary.

  8. 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.

  9. Submit Proposed Order. Instructions

 

U.S.C.: 707(a)(3) and (b), 1307(b) and (c), 1208(b) FRBP: 1017(e) and (f)(1), (2)  2002(a)(4)