Local Rule L.R. 1017-1: Motions to Dismiss.

L.R. 1017-1 - Motions to Dismiss. A. General. All motions to dismiss a bankruptcy case must state whether the case has been converted and other relevant facts in support of the motion, including whether the debtor has entered into an agreement with a creditor or with the Trustee that is a basis for the motion to dismiss. In Chapter 7, 11, and 12 cases, the movant must give notice of the motion to all creditors and parties in interest. Negative Notice procedures as set forth in L.R. 9061 apply to motions to dismiss except as otherwise stated in this Rule.

B. Motions to Dismiss for Failure to Provide or File Required Documents. Pursuant to Bankruptcy Code § 105(a), the Court may promptly dismiss a bankruptcy case for failure to timely provide or file the documents required under Bankruptcy Code § 521 or these Rules. In Chapter 12 and Chapter 13 cases, the Court may also dismiss the case for failure to file a Chapter 12 or 13 plan when due.

C. Motions to Dismiss for Failure to Appear at § 341 Meeting. The Trustee (or the United States Trustee in a Chapter 11 case where no Trustee has been appointed) must file a request to have the case dismissed if the debtor fails to appear at a rescheduled § 341 Meeting without being excused by the Trustee or the United States Trustee, provided the Trustee or United States Trustee has notified the debtor in writing that failure to appear may result in the case being dismissed. Upon entry of the Trustee's Bankruptcy Code § 341 minute entry or the filing of another document requesting dismissal, the debtor will have seven (7) days to respond to the Trustee's request for dismissal. If the debtor fails to respond, the Court may dismiss the case without further notice and the debtor will be barred from filing another bankruptcy case for the 180-day period following the order of dismissal.

D. Dismissal in Chapter 13 Cases - General Provisions. In Chapter 13 cases, the debtor's voluntary motion to dismiss must be served on the Trustee, and the Court will promptly dismiss the case after the motion has been filed. All other motions to dismiss a Chapter 13 case must be served on the debtor, the debtor's attorney (if any), and the Trustee. Motions to dismiss made by parties other than the debtor in Chapter 13 cases will be heard on Negative Notice. The debtor will have twenty-one (21) days from the date of service of a motion to dismiss a Chapter 13 case to file a response to such motion. If a response is filed, the movant must provide fourteen (14) days notice of hearing. If no response is filed, a Certification and Dismissal Request can be filed, and the motion may be granted without further notice or hearing.

E. Amended Plan or Other Responses to the Chapter 13 Trustee's Motion to Dismiss for Failure to Make Plan Payments. To avoid dismissal on the Trustee's motion to dismiss for failure to make plan payments, the debtor must become current in plan payments to the Trustee. The debtor may become current by performing one of the following: 1. making payment to the Trustee; 2. entering into a stipulation with the Trustee (The stipulation should propose extra monthly payments to cure the missed payments within 12 months); or 3. filing an amended plan which cures the missed payments. Any amended plan must follow the procedures for Chapter 13 plans outlined in these Rules and contain terms that address the missed payments as well as future plan payments.

F. Amended Plans in Response to Chapter 13 Trustee's Motion to Dismiss for Lack of Feasibility. If the debtor responds to the Trustee's motion to dismiss for lack of feasibility by submitting an amended plan that only differs from the confirmed plan in that it increases the number of future payments to the Trustee and does not waive any missed payments, the plan may be confirmed on recommendation of the Trustee without the debtor following the procedures of L.R. 3015-5.