Local Rule RULE 1017-2: DISMISSAL OR SUSPENSION – CASE OR PROCEEDINGS
Bankr. E.D. Okla. — General rule
RULE 1017-2. DISMISSAL OR SUSPENSION – CASE OR PROCEEDINGS A.Dismissal of a Chapter 7. Procedure if sought by the debtor or a party in interest - Dismissal shall be accomplished by motion and notice, pursuant to 11 U.S.C. § 707 and Bankruptcy Rule 1017. Notice shall be accomplished by use of Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing per Local Rule 9013-1(B).
B.Dismissal of a Chapter 11.
1.Procedure if sought by the DIP or a party in interest - Dismissal shall be accomplished by motion and notice pursuant to 11 U.S.C. § 1112(b) and Bankruptcy Rule 1017. Notice shall be accomplished by use of Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing, per Local Rule 9013-1(B).
2.Duties of the DIP a)Within fourteen (14) days after the filing of a Motion to Dismiss, the DIP shall file all Applications for Compensation and Reimbursement of Expenses.
b)Within thirty (30) days after entry of the Order of Dismissal, or within the time otherwise ordered by the Court, the DIP shall file a Final Report. See Local Form 1017-2(B)(2)(b).
C.Dismissal of a Chapter 12.
1.Procedure if sought by the debtor - Dismissal shall be accomplished by motion pursuant to 11 U.S.C. § 1208(b) and Bankruptcy Rule 1017.
2.Procedure if sought by a party in interest - Dismissal shall be accomplished by motion pursuant to 11 U.S.C. § 1208(c) and Bankruptcy Rule 1017 and notice Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing, if Objection is filed, per Local Rule 9013-1(B).
3.Duties of the DIP - Within fourteen (14) days after the filing of a Motion to Dismiss, the DIP shall file all Applications for Compensation and Reimbursement of Expenses.
D.Dismissal of a Chapter 13.
1.Procedure if sought by the debtor - Dismissal shall be accomplished by motion pursuant to 11 U.S.C. § 1307(b) and Bankruptcy Rule 1017.
2.Procedure if sought by a party in interest - Dismissal shall be accomplished by motion pursuant to 11 U.S.C. § 1307(c) and Bankruptcy Rule 1017 and notice Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing, if Objection is filed, per Local Rule 9013-1(B).
3.Duties of the Debtor - Within fourteen (14) days after the filing of a Motion to Dismiss, the debtor shall file all Applications for Compensation and Reimbursement of Expenses.
E.Fees Outstanding at Time of Dismissal. The balance of any statutory or Court-ordered fees, including filing fees, conversion fees, and United States Trustee's fees, due and owing at the time of dismissal, must be immediately paid in full.