Local Rule L.R. 1017-2: Motions to Reinstate Following Dismissal for Failure to File or Provide Required Documents or Attend § 341 Meeting.
Bankr. E.D. Mo. — General rule
L.R. 1017-2 - Motions to Reinstate Following Dismissal for Failure to File or Provide Required Documents or Attend § 341 Meeting. A. Time and Content. A debtor will have fourteen (14) days after entry of an order of dismissal to file a motion to reinstate and set aside dismissal. The motion must state good cause for reinstatement. A case will not ordinarily be reinstated if dismissed for failure to make an installment filing fee payment, attend the § 341 Meeting, or timely file or provide documents required by Bankruptcy Code § 521. A motion to set aside an order of dismissal must contain: 1. the date the deficiency or problem which caused the dismissal was cured; 2. the date the filing fees were paid in full (not just the missed installment) if dismissed for a missed installment payment; 3. the date any missing document was filed or provided if dismissed for failure to file or provide such document; 4. the exceptional circumstances warranting reinstatement of the case; and 5. a list of all bankruptcy cases filed by the debtor within the last eight (8) years or a statement that the debtor has not filed a bankruptcy case within the prior eight (8) years.
B. Hearing, Service, Order. Unless the Court grants a request for hearing, the Court will consider a motion to reinstate under this Rule without hearing. The debtor must serve the motion on the Trustee and, in Chapter 11 cases, on the United States Trustee. The Court will prepare the order granting or denying a motion to reinstate and will send a copy of the order to all entities on the matrix. On reinstatement of the case, it is incumbent on the movant to set for hearing any unresolved motion pending at the time of dismissal, although any party may set any such motion for hearing with proper notice.
C. Effect of Reinstatement on Deadlines. If a case is dismissed and reinstated, the Court will determine whether the deadlines in the case need to be extended. The Court will send notice of any such deadline extension to all creditors and parties in interest.