Local Rule Rule 1017-1: DISMISSAL OR CONVERSION OF BANKRUPTCY CASE ON MOTION

Rule 1017-1 DISMISSAL OR CONVERSION OF BANKRUPTCY CASE ON MOTION A. Content of Motion. A motion to dismiss a voluntary or involuntary bankruptcy petition shall set forth the basis in law and reasons for the dismissal or conversion. The motion shall also set forth whether any arrangement or agreement has been made with any creditor or other person in connection with such motion for dismissal and the terms thereof.

B. List of Creditors. Any motion by a debtor to dismiss a voluntary petition shall be accompanied by a list containing the name and complete mailing address of any creditor not previously scheduled, including any creditor who has extended credit since the date of filing of the petition who remains unpaid at the time of the motion. If there are no such creditors, the motion shall so state.

C. Procedures with Respect to Motions to Convert or Dismiss. 1. A motion filed by a party other than the debtor to convert a chapter 11 case to chapter 7 or to dismiss the case shall be scheduled initially for a hearing on notice by the moving party to all creditors and a. counsel for the debtor; b. the United States Trustee; c. any person who has filed a request for notices in the case; d. the attorney for the creditors' and other committees, if any; and e. creditors claiming they are owed a domestic support obligation. If the Court determines at the initial hearing that an evidentiary hearing is necessary, it shall be fixed on notice as required by the Fed. R. Bankr. P. 2. A motion filed by a party other than the debtor to convert or dismiss a chapter 13 case shall be filed in accordance with the procedures for filing of a motion under Fed. R. Bankr. P. 9013. The motion shall be scheduled initially for a hearing and the Court will determine whether to accept evidence or continue the matter for further evidentiary hearing.