Dismissal - Ch. 7 - 521(a)(3)

MOTION TO DISMISS CH 7 FOR 521(a)(3)

 

Overview:

 

On motion of the United States Trustee, or Chapter 7 Trustee on behalf of the United States Trustee, a case may be dismissed under U.S.C. Section 521(a)(3) for failure to cooperate with the trustee as necessary to enable the trustee to perform the trustee's duties.  A hearing is required on these types of motions.

 

The filing should be accompanied by the Motion, Certificate of Service (indicating service of the motion on the debtor and debtor's counsel if applicable), and a Proposed Order.  The court will serve the hearing notice.

 

Codes, Rules and Forms:

 

Bankruptcy Code:

521(a)(3) & 707(a)(3)

Bankruptcy Rule:

1017(c)

Local Rule

None

Local Form:

None

 

CM/ECF Event(s):

            Motions/Applications/Contested Matters, Dismiss Case (Ch. 7 – 11 USC 521(a)(3))
 

I. Noticing:

A. Type:                    Hearing Required – 14 day language – hearing date at least 7 days from response date. 

B. Who Serves:        Court  

C.Service:                D, DA, T, UST, P