LBR 1017-2. DISMISSAL OF CASE OR SUSPENSION OF PROCEEDINGS
LBR 1017-2. DISMISSAL OF CASE OR SUSPENSION OF PROCEEDINGS(a) Dismissal for Failure to File Documents.
(1) Cause for Dismissal. The failure of the petitioner to file in a timely manner any
document required by the Bankruptcy Code, the FRBP, and these rules is cause for
dismissal of the case.
(2) Notice of Proposed Dismissal. If a petition is filed without all of the documents
required by the Bankruptcy Code, the FRBP, and these rules, the clerk will issue
a notice to the petitioner that identifies each of the deficiencies and states that the
case will be dismissed without further notice or hearing if the documents listed in
the notice, or a request for extension of time within which to file the required
documents, are not filed within 14 days from the filing of the petition.
(3) Dismissal Without Further Notice. If the required documents are not filed within
14 days from the filing of the petition or an extension of such 14-day period
granted by an order of the court, the case will be dismissed without further notice
(b) Dismissal of Chapter 7 Case for Failure to Attend Meeting of Creditors. The failure of a chapter 7 debtor to appear at the initial meeting of creditors and any continuance thereof is cause for dismissal of the case. The court will dismiss the case upon the trustee’s request for dismissal and certification that the debtor has failed to appear at two meetings of creditors.
(c) Notice of Dismissal. The clerk will provide notice of an order dismissing a case under this rule to the debtor, debtor’s attorney (if any), United States trustee, and parties in interest.
(1) A case dismissed for the failure to timely file a required document or for failure
to appear at the meeting of creditors may be reinstated on motion of the petitioner
pursuant to FBRP 9024, provided that all required documents are filed, or on
motion of another party.
(2) In the event a case is reinstated, the court may impose such sanctions as it deems
just and reasonable.
(e) Refiling of Dismissed Case. A petitioner who files a petition following the dismissal of a case must disclose the dismissed case pursuant to LBR 1015-2.
(f) Motion to Dismiss or Suspend Proceedings.
(1) A motion by the debtor to dismiss a case filed under 11 U.S.C. §§ 301 or 302, a
motion by creditors or the debtor to dismiss an involuntary case filed under
11 U.S.C. § 303, or a motion to suspend all proceedings under 11 U.S.C. § 305
must be supported by a declaration setting forth the reasons for the request for
dismissal or suspension.
(2) The declaration in support of the motion must disclose any arrangement or
agreement between the debtor and creditors or any other person in connection with
the motion for dismissal or suspension.
(3) The court may condition the dismissal upon payment of fees and expenses,
including fees due to the United States trustee.