Dismissal - Ch. 12 - by Debtor, Trustee, UST, Creditor of Party in Interest

Rev. 05/09/19
MOTION TO DISMISS CH 12
FILED BY DEBTOR, UST, CREDITOR OR PARTY IN INTEREST
Overview:
 

The debtor has an absolute right to dismiss a case under this chapter unless the case has been converted from another chapter. If the case has been previously converted from another chapter a 21 day passive notice should be sent to all creditors. The court may only dismiss a case under this chapter after notice and hearing and only for cause if filed by the trustee, UST, creditor or party in interest. 

This filing should be accompanied by the Motion, Notice of Motion, and a Proposed Order.  When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.
 
For self-scheduled Matter Hearing Dates (CHS), please click here.
 
For order format, please see Proposed Orders
 
 
Codes, Rules and Forms:

Bankruptcy Code:

1208 

Bankruptcy Rule:

 1017 

Local Rule:

None

Local  Form:

None

 
CM/ECF Event(s):
 
            Motions/Applications, Dismiss Case/Party (Ch 12 -- 11 USC 1208)
 
 
I.     Noticing:
 
       A.       Type:                Hearing Required - 21 day language - hearing date at least 7 days from response date if filed by the Trustee,
                                           UST, Creditor or Party in Interest.  
                                           
                                           Passive Notice - 21 day language - if the case has been previously converted from another chapter and filed by the Debtor.
 
                                           NO HEARING OR NOTICE IS REQUIRED IF FILED BY DEBTOR IF the Dismissal is an absolute right.  FINAL ORDER WILL BE NOTICED.
 

       B.       Who Serves:   Movant
 
       C.       Service:           Matrix