Motion to Dismiss Debtor with Notice under Local Rule 2002-1 (Chapter 7 only)

Last Updated: May 12, 2017

Updates:

05/12/2017 - Added the section Filing Requirements if Correction is needed.

08/22/2016 - to update title of event.

05/06/2016 - To include a note on an "Amended Notice of Motion."

02/16/2016 - Created

Background

This event is available for use by Trustees or UST attorneys effective April 1, 2016 only for the reasons stated in Local Rule 2002-1.

Local Rule 2002-1:

In Chapter 7 cases, the clerk rather than the trustee, must serve the required notice of a trustee's motion to dismiss the case if the ground for the motion is either that the debtor failed to attend a meeting under §341 of the Bankruptcy Code or that the debtor failed to file a document required by §521 of the Bankruptcy Code. The clerk must serve the motion to dismiss on the debtor, but may serve only the notice of the motion on all other parties in interest. The trustee need not serve a copy of the notice of motion or the motion on any party.

After e-filing this motion, e-file the paperless event "Request for Hearing on Dismissal." The Clerk's office will send notice of the Hearing on Dismissal to all creditors.

If you need to refile or amend the Notice of Motion or Motion for any reason, you must file another "Request for Hearing on Dismissal."

Filing Requirements if Correction is Needed

IF	THEN
ONLY the Notice of Motion is Incorrect	File an Amended Notice of Motion and Motion. Select the Motion event and add the prefix Amended before the Notice of Motion text. Amended should be on the Notice of Motion pdf. Docket Text Example: Amended Notice of Motion and Motion to Dismiss Debtor with Notice Under Local Rule 2002-1 Filed by Patrick S Layng Hearing scheduled for 3/22/2017 at 11:00 AM at 219 South Dearborn, Courtroom 682, Chicago, Illinois 60604. (TrusteeAtty) (Entered: 03/16/2017) File a Request for Hearing on Dismissal.
ONLY the Motion is Incorrect	Filed a Notice of Motion and Amended Motion. Select the Amended Motion event. Add Amended to the motion pdf. Docket Text Example: Notice of Motion and Amended Motion (related document(s): 18 Motion to Dismiss with Notice Under Local Rule 2002-1) Filed by AttorneyA on behalf of Patrick S Layng. Hearing scheduled for 3/29/2017 at 10:00 AM at 219 South Dearborn, Courtroom 682, Chicago, Illinois 60604. (AttorneyA) (Entered: 03/16/2017) File a Request for Hearing on Dismissal.
Both the Notice of Motion and Motion are Incorrect	File an Amended Notice of Motion and an Amended Motion. Select the Amended Motion event and add the prefix, Amended before the Notice of Motion text. Amended should be on both pdfs. Docket Text Example: Amended Notice of Motion and Amended Motion (related document(s): 18 Motion to Dismiss with Notice Under Local Rule 2002-1) Filed by AttorneyA on behalf of Patrick S Layng. Hearing scheduled for 3/21/2017 at 10:00 AM at 219 South Dearborn, Courtroom 719, Chicago, Illinois 60604. (AttorneyA) (Entered: 03/16/2017) File a Request for Hearing on Dismissal.

Step-by-Step Procedures:

1. Select [Bankruptcy>Motions/Applications Tr/UST]

2. Enter case number and click Next

3. Select Dismiss with Notice under Local Rule 2002-1 (Chapter 7 only) from pick list and click Next

4. Select Party from party pick list

5. Click Next

   

Select the appropriate option:

The PDF Document selection screen will display.

6. Click Browse button and navigate to locate the appropriate document/file

7. View file Highlight filename
   Right click on filename
   Select Open
   Review document
   Close window to verify the correct file is being selected

8. Click Open button and filename will appear in the browse window

Next, the Proposed Order must be added as an attachment to the notice of motion and motion.

9. Click Yes radio button for Attachment to Document and click Next

10. Attach Proposed Order

11. Insert hearing date, time and select hearing location and clickNext

12. Click Next

The Modify Text screen will display.  Click down arrow to select a prefix if applicable.

13. Click Next

The Final Text screen will display.  This is your final opportunity to modify the entry before submitting the filing.

14. Verify the accuracy of the docket text

15. Click Next to complete filing process

The Notice of Electronic Filing will display.  It is the verification that the filing has been sent electronically to the court.

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case.  You have a period of 15 days for a one time free look at the document filed.

File the "Request for Hearing on Dismissal" with completed pdf:

Request_for_Hearing_on_Dismissal_(Chapter 7).htm