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DISMISSAL: Chapter 11: Motion: Pay Court Costs and UST Fees

1017-2(e):  DISMISSAL: Chapter 11: Motion: Pay Court Costs and UST Fees

LBR 1017-2(e) provides the procedure for a chapter 11 debtor, chapter 11 trustee, or a creditor to file a motion to dismiss a chapter 11 bankruptcy case. 

  • The court does not have a form motion.  See 11 U.S.C. 1112.
  • A hearing is required, pursuant to LBR 9013-1(d).  The court has a mandatory form notice of hearing -- See link below

If the court grants the motion to dismiss, LBR 1017-2(e)(3) indicates that the court may delay dismissal of the case until after all costs and fees are paid, such as court costs or quarterly fees owed to the Office of United States trustee.   

  • When court costs are owed, the court will file a "Notice to Pay Court Costs" before the hearing date.
  • When U.S. trustee fees are owed, the U.S. trustee will file a notice of the amount of fees owed.
Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
1017-2(e)
Reference to Local Rules and/or Forms: