Local Rule 1017-2: DISMISSAL OR SUSPENSION – CASE OR PROCEEDINGS

Rule 1017-2 DISMISSAL OR SUSPENSION – CASE OR PROCEEDINGS NOTICE TO TRUSTEE OF REQUEST FOR AUTOMATIC DISMISSAL. A party in interest requesting dismissal of a case pursuant to § 521(i)(2) of the Code shall, on the day that the request for dismissal is made to the court, deliver, by electronic means, by facsimile transmission, or by hand, a copy of the request to the trustee.

NOTE Subsection 521(i)(2) of the Code provides that a party in interest may request that the court enter an order dismissing a case that has been automatically dismissed under § 521(i)(1), and that the court shall do so within seven days. This subsection is subject to the provisions of § 521(i)(4), which states that on motion of the trustee filed prior to the expiration of the seven day period, the court may, on specified grounds, decline to dismiss the case. Local Rule 1017-2 was added to ensure that the trustee is made aware of any request for automatic dismissal on the same day that the request for dismissal is made.