Local Rule RULE 1017-1: DISMISSED CASE – MOTION TO VACATE ORDER OF DISMISSAL AND TO REINSTATE CASE
Bankr. N.D.N.Y. — General rule
RULE 1017-1 DISMISSED CASE – MOTION TO VACATE ORDER OF DISMISSAL AND TO REINSTATE CASE
(a) Filing in a Dismissed Case. The only permissible filings in a dismissed case are (i) a required filing by a trustee, (ii) an administrative filing by the Clerk and the Bankruptcy Noticing Center, (iii) an ex parte motion to redact, and (iv) a motion to vacate or reconsider a dismissal order. Any filing made in contravention of this paragraph may be stricken sua sponte by the Court.
(b) Time to File a Motion. A motion to vacate or reconsider an order of dismissal shall be filed in accordance with the requirements of Fed. R. Bankr. P. 9023 and/or 9024, as applicable. The motion shall be served upon all creditors and parties in interest, at the address listed on the certificate of service of the notice of dismissal.
(c) Case Dismissed for Non-Payment. A motion filed in a case dismissed for failure of the debtor to make plan payments shall state with particularity:
(1) The circumstances that caused the debtor's non-payment;
(2) The circumstances that have changed so as to permit the debtor to make future payments;
(3) The date and manner of the proposed future payments by the debtor to the trustee; and
(4) Any new debt incurred by the debtor since the date of dismissal.
(d) Submission of Proposed Order. A proposed order granting a motion under this Rule shall be titled "Order Vacating Order of Dismissal and Reinstating Case."
(e) Service of Order. The debtor shall serve the order vacating the order of dismissal and reinstating the case upon all creditors and parties in interest at the address listed on the certificate of service of the notice of dismissal. The debtor shall file a certificate of service.
Comment This motion may be pursued on a default basis under LBR 9013-3.
This Rule does not apply to a closed case. If the case is closed, parties must proceed under § 350 and Fed. R. Bankr. P. 5010, which require payment of a fee for reopening the case pursuant to 28 U.S.C. § 1930(b). The fee to be charged for reopening shall be the same as the filing fee in effect for commencing a new case as of the date of reopening.