Local Rule RULE 1017-1: Dismissal or Conversion
Bankr. E.D. La. — General rule
RULE 1017-1 Dismissal or Conversion A. Chapter 7 Cases 1. Non-Debtor's Motion. A motion to dismiss or convert filed by a non-debtor in a Chapter 7 case must be noticed for hearing pursuant to Local Rule 9013-1 and be served on the debtor, the trustee, trustee's counsel, and the entire mailing matrix. If no timely opposition is filed, the court may grant the relief without hearing.
2. All motions to dismiss must comply with Local Rules 9013-1, 9013-2, and 9014-1.
3. Debtor's Motion a. In a motion to dismiss filed by a debtor represented by counsel, the motion must recite that counsel has advised the debtor of the consequences of dismissal.
b. A debtor's conversion from Chapter 7 to 11, 12 or 13 may be by ex parte motion, if the case was not previously converted under 11 U.S.C. §§ 1112, 1208, or 1308, and the motion to convert was served on trustee, trustee's counsel, and the entire mailing matrix seven (7) days prior to the submission of the order of conversion.
B. Chapter 13 Cases 1. Non-Debtor's Motion. A motion to dismiss or convert filed by a non-debtor in a chapter 13 case must be noticed for hearing pursuant to Local Rule 9013-1 and served on the debtor, trustee, trustee's counsel, and the entire mailing matrix. If no opposition is filed within seven (7) days, the court may grant the relief without hearing.
2. Debtor's Motion a. Dismissal i. A debtor may move to dismiss his case pursuant to 11 U.S.C. § 1307(b) by ex parte written motion. It must be served on the trustee, trustee's counsel, and the entire mailing matrix. If no opposition is filed within seven (7) days, the court may grant the relief without hearing.
ii. Written motions by debtors to dismiss chapter 13 cases must recite whether the case has been converted previously pursuant to 11 U.S.C. §§ 706, 1112, or 1208.
b. Conversion. The debtor may file an ex parte motion to convert to a chapter 7 matter on seven (7) days prior notice to the trustee, trustee's counsel, and the entire mailing matrix. If no opposition is filed within seven (7) days, the court may grant the relief without hearing.
3. Court's Motion. The Court may sua sponte, without notice and hearing convert or dismiss a case for failure to pay timely filing fees or failure to file timely a certificate of credit counseling, schedules, statement of financial affairs, pay advices, social security statement, or any other documentation required by the Bankruptcy Code or FRBP.
4. If the motion to dismiss is filed after the bar date in a chapter 12 or 13 case, the standing trustee need only give notice to debtor, debtor's counsel, and creditors who have filed timely proofs of claim.
C. Chapter 11 cases 1. All motions to dismiss or convert a chapter 11 case, must be filed on twenty-one (21) days notice. Notice of the dismissal or conversion must be served upon the trustee and his counsel (if applicable), the United States Trustee, and the entire mailing matrix. If no timely objection is filed pursuant to Local Rule 9013-1(E), the court may grant the relief without hearing.
2. Notwithstanding the provisions of section 1 above, if the motion to dismiss is filed after the bar date in a chapter 11 case, notice may be limited to the United States Trustee, the trustee and his counsel (if applicable), all members of official committees and their counsel, the debtor, the debtor's counsel, known administrative claimants who have filed timely proofs of claim and those creditors not scheduled as disputed, contingent or unliquidated.
See Local Rule 2002-1(E).