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

Rev. 05/09/19

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.

This filing should be accompanied by the Motion and a Proposed Order.  When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.

The court will serve the hearing notice.

For order format, please see Proposed Orders

 
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, Dismiss Case (Ch. 7 – 11 USC 521(a)(3))
 

I. Noticing:

A. Type:                   Semi-passive – 14 day language if the motion is without prejudice – the hearing date is at least 7 days from the response date. 
                                Hearing required – 14 day language if the motion is with prejudice – the hearing date at least 7 days from the response date. 

B. Who Serves:      Clerk  

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