Local Rule RULE 7041-1: DISMISSAL OF ADVERSARY PROCEEDINGS

RULE 7041-1. DISMISSAL OF ADVERSARY PROCEEDINGS A.A plaintiff may not voluntarily dismiss a complaint objecting to the discharge of the debtor without approval of the Court. A motion to dismiss such a complaint shall:

1.be prepared in accordance with Local Rule 9013-1(B);

2.be served upon the trustee, the United States Trustee, and all parties in interest in the underlying bankruptcy case in accordance with Local Rule 9013-1(H);

3.give notice of the fact that the motion seeks dismissal of an objection to discharge under 11 U.S.C. § 727;

4.give all parties in interest an opportunity to assume prosecution of the adversary proceeding; and 5.disclose any consideration given in exchange for the filing of the motion.

B.Notice of time to file a response to the motion to dismiss shall be made by Local Form 20A for adversary proceedings, Notice of Motion, Notice of Deadline to File Objection to Motion and Notice of Hearing, if Objection is filed, which complies with Bankruptcy Rules 9013 and 7007, and shall be filed and served upon all parties to the adversary proceeding, United States Trustee, trustee and the matrix in the bankruptcy case, unless the Court orders otherwise.

C.Rule 41 of the Federal Rules of Civil Procedure, made applicable by Bankruptcy Rule 7041, applies in all contested matters. See Bankruptcy Rule 9014.

D.If the required adversary complaint filing fee is not paid, the adversary proceeding may be dismissed without further notice.

E.If the main case has been dismissed, the Court may, sua sponte, dismiss all adversary proceedings arising from the main case.