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DISMISSAL: Motion to Vacate a Dismissal; Any Chapter

Section 1 - Common Bankruptcy Procedures & Information
Section 2 - Serving Documents & Giving Notice
Section 3 - Judges' Procedures -- Judges' Webpages
Section 4 - Match Local Bankruptcy Rules with Forms

1017-2(c):  DISMISSAL: Motion to Vacate a Dismissal; Any Chapter

LBR 1017-2(c) provides the procedure to follow when a case is dismissed for failure to file case opening documents, and the debtor wishes to vacate the dismissal and file the missing document.

  • The debtor must file a motion -- the court does not have a form motion.
  • A hearing is not required.
  • The debtor must file a Notice of Motion for Order Without Hearing under LBR 9013-1(q).  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(c)
Reference to Local Rules and/or Forms: 
Notice of Motion for Order Without Hearing [LBR 9013-1(p) or (q)]
Rule 1001-1 through 1073-1