Local Rule 1017-2: Dismissal or Suspension — Case or Proceedings
Bankr. M.D. Tenn. — General rule
1017-2 Dismissal or Suspension — Case or Proceedings
(a) Certificate of Compliance. In a voluntary case under Chapter 7 or Chapter 13, the debtor may file a "Certificate of Compliance" stating exactly: "All of the information required by 11 U.S.C. § 521(a)(1) was filed within 45 days of the petition." This Certificate shall be served on the trustee and on the United States trustee.
(b) Prima Facie Effect. A Certificate of Compliance filed in accordance with this rule shall be prima facie evidence that the information required by 11 U.S.C. § 521(a)(1) was filed within 45 days of the petition.
(c) Request for Order of Dismissal. A request for an order of dismissal under 11 U.S.C. § 521(i)(2):
(1) shall be by motion in accordance with LBR 9013-1 Motion Practice Procedures;
(2) may be heard on an expedited basis as contemplated in 11 U.S.C. § 521(i)(2) only if:
(A) no Certificate of Compliance was filed by the debtor; and
(B) a proper request for relief is filed under LBR 9075-1.
(d) Request by Debtor to Dismiss Chapter 13 Case. Dismissal by the debtor of a Chapter 13 case under 11 U.S.C. § 1307(b) shall be by motion with notice to the Chapter 13 trustee, the United States trustee and to all creditors. No hearing will be scheduled. The clerk shall enter an order of dismissal.