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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 U.S. Trustee (all chapters). |
Chapter
12 (no prior conversions)
or
Chapter 13:
- 14 day objection period
- service on .
Chapter
7 or
Chapter 11:
- 21 day objection
period
- service on .
(Rule 2002(a)(4))
Chapter
12 (prior conversion):
- 21 day objection
period
- service on .
(Rule
2002(a)(4))
Filing
Requirements:
|
Chapter 13:
- 14 day objection period
- service on .
Chapter 7: (By U.S. Trustee pursuant
to Section
707(a)(3)):
- 14 day objection period
- service on .
Chapter 7:
(By U.S. Trustee, Trustee,
or Interested Party pursuant to Section 707(b)):
- 14 day objection period
- service on .
Chapter 7, 11,
or 12:
(By Interested Party):
- 21 day objection period
- service on .
(Rule 2002(a)(4))
Filing
Requirements:
|
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). |
Log
into CM/ECF.
Select [Bankruptcy > Motions/Applications].
Enter
the case number (e.g, xx-xxxxx).
Select [Dismiss Case (14 day notice
or
Dismiss Case (21
day notice)] from the event list.
Skip
the .
Select the party filer.
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 to this document. The Motion
must be the
first document in your PDF.
Enter date
served.
Accept objection date.
to select the Motion (.PDF file).
Note: Any supporting documents and Proof of Service
may be added as to this
document.
Modify the text as appropriate.
Verify
the final docket text; if correct, click [Next]
to submit your document(s).
Note: The
displays giving you the document number. Copies of
this notice are immediately e-mailed to all participants
who receive electronic notification in the case.
Submit Proposed Order.
|
Log
into CM/ECF.
Select [Bankruptcy > Motions/Applications].
Enter the case number (e.g, xx-xxxxx).
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.
Skip the .
Select the party filer. If the party is
not listed, click on .
Note: The may appear. If your party selection was
correct, check the box to create an association.
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 to this document. The Motion
must be the
first document in your PDF.
Enter date served.
Accept objection date.
to select the Motion
(.PDF file)
Modify the text as appropriate if necessary.
Verify
the final docket text; if correct, click [Next]
to submit your document(s).
Note: The
displays giving you the document number. Copies of
this notice are immediately e-mailed to all participants
who receive electronic notification in the case.
Submit
Proposed Order.
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U.S.C.: 707(a)(3) and (b), 1307(b)
and (c), 1208(b) FRBP: 1017(e) and (f)(1), (2) 2002(a)(4) |
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