Local Rule LBR 1017-2: DISMISSAL OF CASE OR SUSPENSION OF PROCEEDINGS

LBR 1017-2. DISMISSAL OF CASE OR SUSPENSION OF PROCEEDINGS

(a) Dismissal for Failure to File Case Commencement Documents.

(1) Grounds or "Cause" for Dismissal. The failure of the person or entity who filed a petition to file in a timely manner any case commencement document required by the Bankruptcy Code, the FRBP, and these rules is grounds or "cause" for dismissal of the case.

(2) Notice of Deficiency. If a petition is filed without all of the documents required by the Bankruptcy Code, the FRBP, and these rules, the clerk will issue a notice to the petitioner that identifies each of the deficiencies and states that the case will be dismissed without further notice or hearing if the documents listed in the notice, or a request for extension of time within which to file the required documents, are not filed within 14 days from the filing of the petition.

(3) Dismissal Without Further Notice. If the required documents are not filed within 14 days from the filing of the petition or an extension of such 14-day period granted by an order of the court, the case will be dismissed without further notice or hearing.

(b) Dismissal of Chapter 7 Case for Failure to Attend Meeting of Creditors. The failure of a chapter 7 debtor to appear at the initial meeting of creditors and any continuance thereof is cause for dismissal of the case. Pursuant to LBR 9013-1(q), the court will dismiss the case without a hearing upon the trustee's motion for dismissal and declaration that the debtor has failed to appear at two meetings of creditors.

(c) Motion to Vacate Dismissal.

(1) Any motion requesting that the dismissal of a case for failure to timely file a required document or for failure to appear at the meeting of creditors be vacated must include as exhibits to the motion all of the documents that were not timely filed and must be supported by a declaration under penalty of perjury establishing a sufficient explanation why the documents were not timely filed. The motion may be ruled on without further notice or hearing pursuant to LBR 9013-1(q).

(2) In the event a dismissal order is vacated, the court may impose sanctions as it deems just and reasonable.

(d) Filing a Subsequent Case. A petitioner who files a petition following the dismissal of a case must disclose the dismissed case pursuant to LBR 1015-2.

(e) Motion to Dismiss or Suspend Proceedings.

(1) A motion by the debtor to dismiss a case filed under 11 U.S.C. §§ 301 or 302, a motion by creditors or the debtor to dismiss an involuntary case filed under 11 U.S.C. § 303, or a motion to suspend all proceedings under 11 U.S.C. § 305 must be supported by a declaration under penalty of perjury setting forth the reasons for the request for dismissal or suspension.

(2) The declaration in support of the motion must disclose any arrangement or agreement between the debtor and creditors or any other person in connection with the motion for dismissal or suspension.

(3) The court may condition the dismissal upon payment of fees and expenses, including fees due to the United States trustee.

(f) Retention of Jurisdiction. Notwithstanding any dismissal, the court retains jurisdiction regarding all issues involving sanctions, any bar against being a debtor in bankruptcy, all issues arising under 11 U.S.C. §§ 105, 107, 109(g), 110, 303, 329, 330, 349, 362, and 364, and to any additional extent permissible under applicable law.