Rev. 04/12/22

MOTION TO DISMISS ADVERSARY PROCEEDING or PARTY/SUA SPONTE ORDER DISMISSING

Overview:      

The plaintiff’s motion to dismiss after defendant’s answer or summary judgment request requires service on the other parties in the adversary proceeding, or, if the proceeding is a 727 Objection to/Revocation of Discharge, on the US Trustee, any trustee, any counsel of record that have appeared (even if they only appeared in the legal case and not the adversary case, or vice versa), and any party intervening pursuant to FRBP 7041. A Court order granting the motion is required.

This filing should be accompanied by the Motion and Proposed Order.   When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.          

The Judge may dismiss an Adversary Proceeding without a motion being filed.

 Codes, Rules and Forms:
 

CM/ECF Event(s):

Motions/Applications, Dismiss Adversary Proceeding
Motions/Applications, Dismiss Party
Motions/Applications, Summary Judgment