Dismissal - Ch. 7 - for Abuse, Section 707(b)

Rev. 05/09/19
MOTION TO DISMISS CH 7
FOR ABUSE U.S.C. SECTION 707(b)
 
Overview:
 

Upon its own motion or motion by the Trustee, UST or party in interest, the court may dismiss or, with the debtor’s consent, convert a case under this chapter to a case under chapter 11 or 13. A motion for dismissal for abuse must be filed within 60 days after the first date set for the meeting of creditors unless, on request filed before that time has expired, the court for cause extends the time for filing the motion to dismiss. If filed on the court’s own motion, the notice of the hearing shall be served on the debtor no later than 60 days after the first date set for the meeting of creditors.

The filing is self-scheduled and 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:

707(b)

Bankruptcy Rule:

1017(e); 1019(2); 7004; 9014

Local Rule:

None

Local  Form:

None

CM/ECF Event(s):
 
            Motions/Applications, Dismiss Case (Ch 7 - 11 USC 707(b))
 

I.     Noticing:

       A.       Type:                Hearing Required - 14 day language -- set for next miscellaneous hearing date after response date.

       B.       Who Serves:     Movant

       C.       Service:            D, DA, T, UST, P