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Chapter 13: Voluntary Dismissal: Debtor's Request

3015-1(q)(1):  Chapter 13:  Voluntary Dismissal:  Debtor's Request

LBR 3015-1(q)(1) provides the procedure for a chapter 13 debtor to request a court order dismissing the bankruptcy case; this is a motion for "voluntary dismissal."      

A.  3015-1(q)(1)(A) -- If the debtor's case began as a chapter 13 case. the debtor must:

  • File Debtor's Request for Voluntary Dismissal -- the court has a form request -- see link below.   --- It is mandatory to disclose whether any motions for relief from stay have been filed.
  • File Notice of Motion for Order Without Hearing -- the court has a form notice -- see link below.
  • Do not lodge an order -- the clerk will enter an Order and Notice of dismissal.

B.  3015-1(q)(1)(B) --  If the debtor's case was previously converted from another chapter, the debtor must:

  • File Debtor's Request for Voluntary Dismissal -- the court has a form request -- see link below.   --- It is mandatory to disclose whether any motions for relief from stay have been filed.
  • File EITHER a Notice of Opportunity to Request a Hearing OR a Hearing Notice -- see links below.
  • Lodge an order when the time is appropriate.
Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
3015-1(q)(1)