Local Rule L.R. 1017-3: Motions to Reinstate Following Dismissal on Trustee's Motion to Dismiss for Failure to Make Plan Payments.
Bankr. E.D. Mo. — General rule
L.R. 1017-3 - Motions to Reinstate Following Dismissal on Trustee's Motion to Dismiss for Failure to Make Plan Payments. A. Time, Content, and Service. A Chapter 13 debtor will have fourteen (14) days after entry of an order granting the Trustee's motion to dismiss for failure to make plan payments in which to file a motion to reinstate and set aside dismissal and to pay funds to the Trustee to bring payments current as of the date of the debtor's motion. The motion must state whether the case was previously dismissed and reinstated and must provide dates of any prior dismissals and orders of reinstatement. The motion must also recite that the debtor has paid funds to the Trustee to bring payments current as of the date of the debtor's motion, list the amount and date tendered, and detail the manner in which the funds were tendered. The debtor must serve a copy of its motion on the Trustee, all creditors and parties in interest who have filed a proof of claim, and all entities that have filed a request for notice. No later than fourteen (14) days after service of the motion, the Trustee must file a response to the motion, stating whether the Trustee consents or opposes reinstatement. Upon submission of the Trustee's consent, the case may be reinstated without hearing. Absent a compelling reason, the Court will enter an order without hearing after receipt of the Trustee's response.
B. Order Regarding Reinstatement. 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. Upon reinstatement of the case, it is incumbent upon 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.