Motion to Dismiss Case

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 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.

• Proposed Order. Instructions
  
  

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

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

•  Chapter 7: (By U.S. 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.

• Proposed Order. Instructions.
  
  

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 in to 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. Select the party filer.

6. 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.

7. Enter date served.

8. Accept objection date.

9. Browse to select the Motion (PDF file).
   
   Note:  Any supporting documents and Proof of Service may be added as attachments to this document.

10. Modify docket text as appropriate. the docket text as appropriate.

11. 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 emailed to all participants who receive electronic notification in the case.

12. Submit Proposed Order. Instructions

1. Log in to 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.

7. 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.

8. 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.

9. Enter date served.

10. Accept objection date.

11. Browse to select the Motion (PDF file)

12. Modify docket text as appropriate. the text as appropriate if necessary.

13. 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 emailed to all participants who receive electronic notification in the case.

14. 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)