Dismissal - Ch. 13 - for Material Default, Failure to Provide Copy of Tax Returns, Failure to make Plan Payments, or Plan is Unconfirmable

Rev. 05/09/19
 

MOTION TO DISMISS CH 13 FOR:

  • MATERIAL DEFAULT
  • FAILURE TO FILE TAX RETURNS
  • FAILURE TO MAKE PLAN PAYMENTS
  • PLAN IS UNCONFIRMABLE

Overview:

A request to dismiss a chapter 13 case for Material Default, Failure to File Tax Returns, Failure to make Plan Payments, or Plan is Unconfirmable may be made on motion of the Chapter 13 Trustee on behalf of the UST. 

The filing is self-scheduled and should be accompanied by the Motion, Notice of Motion, and 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:

521; 1307(c)

Bankruptcy Rule:

1017(c) 

Local Rule:

None

Local  Form:

None


CM/ECF Event(s):

Batch Filings, Motion to Dismiss Ch. 13 Case by Trustee (11 USC 521 and 1307(c)) (mat def, tax ret, plan pay, unconf)
 

I. Noticing:

A. Type:                  Hearing Required – an objection date will not be set

B. Who Serves:      Movant

C. Service:              D, DA, T and/or UST, P