Local Rule LBR 7041-1: Dismissal of a Complaint Objecting to the Debtor's Discharge

LBR 7041-1. Dismissal of a Complaint Objecting to the Debtor's Discharge

(a) Order Required. An order is required for dismissal of a complaint objecting to the debtor's discharge, whether it is a voluntary dismissal by the plaintiff or upon the parties' stipulation or settlement agreement.

(b) Notice. Unless the court orders otherwise, notice of a plaintiff's request or the parties' stipulation or settlement agreement for dismissal of any claim objecting to discharge must be filed in both the adversary proceeding and the underlying bankruptcy case. Notice to the trustee, United States trustee, creditors, and other parties in interest is sufficient upon transmission of the CM/ECF notice of electronic filing. The notice must include the following information.

(1) Statutory Basis Asserted in Objection to Discharge. The notice must identify the adversary proceeding and briefly describe the provision relied on in the objection to discharge, e.g., "11 U.S.C. § 727(a)(4) - debtor knowingly and fraudulently made a false oath or account."

(2) Disclosure of Consideration. The notice must disclose any consideration, monetary or otherwise, received or to be received by the plaintiff in connection with dismissal of any claim objecting to discharge, as well as the source of the consideration. If there is no consideration, the notice must explicitly state that.

(3) Opportunity to Object. The notice must advise that absent an objection filed within 14 days after the date the notice is filed, the court may enter an order dismissing the objection to discharge without further notice or hearing.