Local Rule 1017-3: Dismissal for Lack of Prosecution

1017-3. Dismissal for Lack of Prosecution.

(a) Procedure. The Court, on its own motion or on a motion by the trustee or U.S. Trustee, after notice to the debtor, the debtor's attorney, and to all creditors through a section 341(a) notice, a deficiency notice, or otherwise, may dismiss a case for the reasons set forth in section (b) below unless the debtor or any party in interest: (1) cures any deficiency in filing of required Documents within 14 days of the Petition Date; or (2) files a motion requesting an extension of time or an excuse from performance within 14 days of service of such notice.

(b) Grounds for Dismissal. For purposes of section (a) above, the following are grounds for dismissal: (1) failure to file lists, schedules, statements, a certificate of credit counseling, and all other required Documents within the time allowed by FRBP 1007; (2) failure to timely file a chapter 13 plan; or (3) failure to attend 341(a) meeting. The Court, on its own motion or on a motion by the trustee or U.S. Trustee, after notice to the debtor, the debtor's attorney, and to all creditors through a section 341(a) notice, may dismiss a case for failure of a debtor to appear at the initial section 341(a) meeting or any continued meeting.