Local Rule RULE 7041-1: DISMISSAL OF COMPLAINTS AND CLOSING OF ADVERSARY PROCEEDINGS INACTIVE FOR SIX MONTHS

RULE 7041-1. DISMISSAL OF COMPLAINTS AND CLOSING OF ADVERSARY PROCEEDINGS INACTIVE FOR SIX MONTHS

(a) In the event thatIf no action has been taken by any party for six (6) months in an adversary proceeding, the Clerk shallmay issue a "Notice of Inactivity and Proposed Dismissal" which shall be given to all parties who have entered an appearance in the adversary proceeding and to any trustee appointed in the main case. The Notice of Inactivity and Proposed Dismissal shall state that." The complaint may be dismissed and the adversary proceeding may be closed in thirty (30) days after the date of the notice, unless one of the conditions set forth in subsection (cb) below occurs. In an adversary proceeding in which a plaintiff has objected to the debtor's discharge, the Clerk shall also serve the notice upon the United States trustee and any other party the Court directs.

(b) After the thirtieth day following the service of the Notice of Inactivity and Proposed Dismissal, the Clerk shall enter an order ofThe dismissal for lack of prosecutionwill be with prejudice and without imposition of costs, or without prejudice if the Court should so specifically order. A copy of the dismissal order shall then be served unless otherwise ordered by the Clerk on all parties and counsel in the adversary proceeding and any trustee serving in the case. In an adversary proceeding in which a plaintiff has objected to the debtor's discharge, the Clerk shall also serve the dismissal order upon the United States trustee and any other party the Court directs. Court.

(c) (b) A complaint will not be dismissed by the Clerk for lack of prosecution if, within thirty (30) days after issuance of the Notice of Inactivity and Proposed Dismissal:

(1) there are further proceedings in the adversary proceeding;.

(2) an opposition is filed to the proposed dismissal; or

(3) the Court enters an order directing further proceedings.