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DISMISSAL: Chapter 7: Motion by Any Party

1017-2(e):  DISMISSAL: Chapter 7: Motion by Any Party

LBR 1017-2(e) provides the procedure for a chapter 7 debtor, chapter 7 trustee, United States trustee, or a creditor to file a motion to dismiss a chapter 7 bankruptcy case. 

  1. A motion is required.  The court does not have a form motion.  See 11 U.S.C. 707(a)-(b)
  2. A Proof of Service on all creditors is required.  The court has a form which must be attached to the back of the motionSee link below.
  3. A proper notice of motion also must be served and filed:
  • Option #1 -- Comply with LBR 9013-1(d) by setting a hearing.  The court has a form notice.  See link below
  • Option #2 -- Comply wiht LBR 9013-1(o) by serving and filing a Notice of Opportunity to Request a Hearing.  The court has a form notice.  See link below 

 

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
1017-2(e)