Local Rule 1017-1: DISMISSAL OF CASES

RULE 1017-1. DISMISSAL OF CASES.

See generally Vt. LB Appendix II.

(a) Effect on Related Adversary Proceedings and Contested or Other Matters. When a case is dismissed, any related adversary proceeding, contested matter, or other pending matter will be dismissed without prejudice, and without further order of the Court, unless ordered otherwise. In cases with pending appeals that may be dismissed, the dismissal of the case will not deprive the parties of their right to pursue the appeal. A party to an adversary proceeding that is dismissed under this Rule may file a motion to reinstate the adversary proceeding within 30 days of entry of the order dismissing the underlying bankruptcy case upon a showing that dismissal of the case did not render the adversary proceeding moot.

(b) Special Provisions Required in Motions to Dismiss Chapter 13 Cases.

(1) Debtor's Attorney's Fees. A party filing a motion to dismiss a chapter 13 case must set forth the status of the debtor's payment of attorney fees to the debtor's attorney or state that this information is not available.

(2) Debtor as Movant. When the debtor files a motion to dismiss a chapter 13 case, the motion must also include:

(A) the total fee the debtor agreed to pay the attorney for the chapter 13 case,

(B) the amount the debtor has paid to the debtor's attorney to date,

(C) the amount the debtor's attorney has earned to date, and

(D) whether the debtor's attorney has agreed to refund any portion of the fee paid, or waive a portion of the unpaid balance, upon dismissal of the case.

(3) Creditor or Trustee a Movant. When a creditor or the trustee files a motion to dismiss a chapter 13 case, the movant must also specify in their motion whether they seek to have the debtor's attorney disgorge a portion of the fee paid, or waive a portion of the unpaid balance, upon dismissal of the case. See also Local Rule 2016-1(f).