Local Rule Local Rule 1017-2: Dismissals.

Local Rule 1017-2. Dismissals.

(a) Among the reasons a case may be dismissed for want of prosecution under FED. R. BANKR. P. 1017 are:

(1) Incomplete or late schedules filed by the debtor;

(2) The failure of a non-individual debtor to act through counsel in the filing of a bankruptcy petition or the prosecution of a case;

(3) Unpaid or late filing fees by the debtor;

(4) Failure by the debtor to timely file mailing lists of creditors in the prescribed format;

(5) Failure by the debtor to include the required creditors list with the petition;

(6) Failure by the debtor to timely file the forms required by BLR 1007-1;

(7) The debtor's lack of diligent, prompt prosecution through filing of a plan late, missing or incomplete disclosure statement or other document required by the code, rules, or orders;

(8) The debtor's failure to attend the § 341 creditors meeting;

(9) The debtor's failure to timely amend schedules requested by the trustee or the U. S. trustee; and

(10) Unpaid U.S. trustee quarterly fees.

(b) Chapter 13 trustees may file motions to dismiss for non-payment, in the exercise of their discretion, at any time. Chapter 13 trustees must timely file motions to dismiss if the debtor is two monthly payments behind. The hearing must be set at the first panel following the expiration of 28 days after the motion is filed. The form of motion shall be in a form promulgated from time-to-time by the Bankruptcy Court. Responses and requests for hearings on motions to dismiss must be filed not later than 21 days after service. If no timely response is filed, the Court may dismiss the case without a hearing, at its discretion.

(c) In chapter 13 cases, federal tax issues will be governed by the following procedures:

(1) At or before 7 days before the date first set for the first § 341 meeting of creditors, the Internal Revenue Service must send a tax transcript to the chapter 13 trustee, the debtor and debtor's counsel.

(2) Within 7 days after the § 341 meeting of creditors, the trustee must file a motion to dismiss any chapter 13 case in which the IRS transcript reflects a delinquent return for a period in which taxes would be entitled to a priority. The motion shall be in a form published from time-to-time on the Court's website.

(3) Within 21 days after the chapter 13 trustee has filed a motion to dismiss a case based on delinquent tax returns, the debtor must file a response to the motion.

(4) If all tax returns that are the subject of a motion under BLR 1017-2(b) have not been filed, the plan will not be confirmed. If all tax returns have been filed, the court may confirm the plan or may deny confirmation based on an estimate of the IRS's claim pursuant to § 502(c). The order confirming the plan will provide that the plan has been confirmed based on an estimate of the debtor's tax liability and that the actual amount payable by the debtor in order to discharge the tax liability will be the actual amount determined based on the allowance of the tax claim, without regard for any provision in the plan to the contrary.

(5) The proposed order dismissing for failure to file tax returns will provide for dismissal with prejudice until all delinquent returns have been filed and must be in the form published from time-to-time on the Court's website.