Local Rule LR 7041-1: Notice Requirements for Dismissal of Proceeding to Deny or Revoke Discharge

LR 7041-1 Notice Requirements for Dismissal of Proceeding to Deny or Revoke Discharge

(a) Notice and hearing requirement. No adversary proceeding or motion objecting to or seeking to revoke a debtor's discharge under 11 U.S.C. §§ 727, 1141, 1144, 1228, or 1328 may be dismissed except on motion with 21 days' notice to the debtor, the United States trustee, the trustee (if any), all creditors, and other parties in interest. The notice must include a statement that a trustee or creditor who desires to adopt and prosecute the adversary proceeding in question must seek leave to do so on or before the deadline to object to the motion to dismiss.

(b) Disclosure requirement. A motion to dismiss of the type described in subsection (a) must either: (1) state that no entity has, directly or indirectly, promised, given, or received any consideration to obtain or allow dismissal; or (2) specifically describe all consideration promised, given, or received.

(c) Action on the motion, time to object or intervene. The court may dismiss a proceeding or deny a motion of the type described in subsection (a) without further notice or a hearing, if the United States trustee, the trustee, or another party in interest does not object to dismissal or move to intervene or be substituted for the plaintiff within 21 days following service of the motion.