Local Rule RULE 1017-2: DISMISSAL OR SUSPENSION – CASE OR PROCEEDING

RULE 1017-2 DISMISSAL OR SUSPENSION – CASE OR PROCEEDING

(a) The Clerk may serve a notice of dismissal under this Local Rule for the following:

(1) a debtor's failure to file any schedule or statement within the time allowed by law or order of this Court; or

(2) a default in the payment of an installment payment under Local Rule 1006-1(c).

(b) A trustee or Bankruptcy Administrator may serve motions to dismiss in accordance with this Local Rule. Where a motion to dismiss is served pursuant to this Local Rule and no response is filed within twenty-one (21) days of service of the motion, a case may be dismissed by the Court without further notice or hearing. Motions under this Local Rule shall be served upon each debtor and each debtor's attorney of record, if any, and contain the following language in all capital letters, bolded, and centered on the page under the style of the case:

PURSUANT TO M.D. ALA., LBR 1017-2, THIS CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE OR HEARING UNLESS A RESPONSE IS FILED BY A PARTY IN INTEREST WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF SERVICE. RESPONSES MUST BE SERVED UPON THE MOVING PARTY AND, IN THE MANNER DIRECTED BY M.D. ALA., LBR 5005-4, FILED WITH THE CLERK ELECTRONICALLY OR BY U.S. MAIL ADDRESSED AS FOLLOWS: CLERK'S OFFICE, U.S. BANKRUPTCY COURT, ONE CHURCH STREET, MONTGOMERY, AL 36104.