Overview:
On motion of the United States Trustee, or Chapter 7 Trustee on behalf of the United States Trustee, a case may be dismissed under U.S.C. Section 521(a)(3) for failure to cooperate with the trustee as necessary to enable the trustee to perform the trustee's duties. A hearing is required on these types of motions.
This filing should be accompanied by the Motion and a Proposed Order. When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.
The court will serve the hearing notice.
For order format, please see Proposed Orders.
Codes, Rules and Forms:
| Bankruptcy Code: | 521(a)(3); 707(a)(3) | Bankruptcy Rule: | 1017(c) | Local Rule: | None | Local Form: | None |
CM/ECF Event(s):
Motions/Applications, Dismiss Case (Ch. 7 – 11 USC 521(a)(3))
Noticing:
| A. Type: | Semi-passive – 14 day language if the motion is without prejudice – the hearing date is at least 7 days from the response date. Hearing required – 14 day language if the motion is with prejudice – the hearing date at least 7 days from the response date. |
| B. Who Serves: | Clerk |
| C. Service: | D, DA, T, UST, P |
Rev. 05/09/19