Dismissal - Ch. 13 - filed by Debtor, Trustee, UST, Creditor or Party in Interest

Rev. 05/09/19
MOTION TO DISMISS CH 13
FILED BY DEBTOR, UST, CREDITOR OR PARTY IN INTEREST
 
Motions for Material Default or Failure to File Tax Returns, Motion for failure to File Schedules and Statement of Financial Affairs, Plan, Plan Lack Feasibility, Plan is Unconfirmable, Failure to Make Plan Payments and Failure to Timely File a List of Creditors have a separate procedures.
 ***see those procedures on how to process those documents***
 
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:
CM/ECF Event(s):
 
            Motions/Applications, Dismiss Case/Party (Ch 13 -- 11 USC 1307)
 
 
I.     Noticing:
 
       A.       Type:                 Hearing Required - 21 day language -- hearing date at least 7 days from response date, if filed by a 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 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