Request for Hearing on Dismissal (Chapter 7)

 

Updated: May 3, 2016 - to include requirement to file a separate "Request for Hearing on Dismissal" if you file an "Amended Notice of Motion."

Created:  October 19, 2004

 

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

 

The filing of this event instructs the Clerk's office to send notice to creditors regarding the hearing on dismissal. This event should only be filed after filing the "Motion to Dismiss with Notice under Local Rule 2002-1."

 

If you need to file an "Amended Notice of Motion" related to your "Motion to Dismiss with Notice under Local Rule 2002-1"," you must file another "Request for Hearing on Dismissal."

 

Step-by-Step Procedures:

  1. Select [Bankruptcy>Trustee/US Trustee]

  2.  Enter case number and click Next

  3. Select Request for Hearing on Dismissal (Chapter 7) from event pick list and click Next

  4. Select Trustee from party pick list and click Next

    If this event is docketed and there is no pending "Motion to Dismiss", you will see this warning:

    STOP: This event can only be used if a Motion to Dismiss with Notice under Local Rule 2002-1 has been filed.

     

  1. Insert hearing date, time and select location and click Next

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

  1. Click Next

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

  1. Verify the accuracy of the docket text.  If not correct/if correct

  2. 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.