As pointed out in the Note accompanying Rule 4008, the purpose of notifying creditors of a debtor that no discharge has been granted is to correct their assumption to the contrary so that they can take appropriate steps to protect their claims. The provision for notice in paragraph (3) is correlated with the provision in Rule 4006 when there is a waiver, denial, or revocation of a discharge. A dismissal under this subdivision can occur only when the petition has been permitted to be filed pursuant to Rule 1006(b). Subdivision (b) is derived from former Bankruptcy Rule 120(b).
#FILING A MOTION TO DISMISS CODE#
This subdivision implements §§303(j), 707, 11 of the Code by specifying the manner of and persons to whom notice shall be given and requiring the court to hold a hearing on the issue of dismissal. The last sentence recognizes that the court should not be confined to petitioning creditors in its choice of parties on whom to call for assistance in preparing the list of creditors when the debtor fails to do so. While the rule applies to voluntary and involuntary cases, the “consent of the parties” referred to is that of petitioning creditors and the debtor in an involuntary case. Subdivision (a) of this rule is derived from former Bankruptcy Rule 120(a). Notes of Advisory Committee on Rules-1983 The clerk shall promptly transmit a copy of the notice to the United States trustee. The filing date of the notice becomes the date of the conversion order for the purposes of applying §348(c) and Rule 1019. (3) A chapter 12 or chapter 13 case shall be converted without court order when the debtor files a notice of conversion under §§1208(a) or 1307(a). (2) Conversion or dismissal under §§706(a), 1112(a), 1208(b), or 1307(b) shall be on motion filed and served as required by Rule 9013. (1) Rule 9014 governs a proceeding to dismiss or suspend a case, or to convert a case to another chapter, except under §§706(a), 1112(a), 1208(a) or (b), or 1307(a) or (b). (f) Procedure for Dismissal, Conversion, or Suspension. The notice shall set forth all matters to be considered by the court at the hearing. (2) If the hearing is set on the court's own motion, notice of the hearing shall be served on the debtor no later than 60 days after the first date set for the meeting of creditors under §341(a). In addition, a motion to dismiss under §707(b)(1) and (3) shall state with particularity the circumstances alleged to constitute abuse. The party filing the motion shall set forth in the motion all matters to be considered at the hearing. (1) Except as otherwise provided in §704(b)(2), a motion to dismiss a case for abuse under §707(b) or (c) may be filed only within 60 days after the first date set for the meeting of creditors under §341(a), unless, on request filed before the time has expired, the court for cause extends the time for filing the motion to dismiss. The court may dismiss or, with the debtor's consent, convert an individual debtor's case for abuse under §707(b) only on motion and after a hearing on notice to the debtor, the trustee, the United States trustee, and any other entity as the court directs. (e) Dismissal of an Individual Debtor's Chapter 7 Case, or Conversion to a Case Under Chapter 11 or 13, for Abuse. The court shall not dismiss a case or suspend proceedings under §305 before a hearing on notice as provided in Rule 2002(a). The court may dismiss a voluntary chapter 7 or chapter 13 case under §707(a)(3) or §1307(c)(9) after a hearing on notice served by the United States trustee on the debtor, the trustee, and any other entities as the court directs. (c) Dismissal of Voluntary Chapter 7 or Chapter 13 Case for Failure To Timely File List of Creditors, Schedules, and Statement of Financial Affairs.
#FILING A MOTION TO DISMISS FULL#
(2) If the case is dismissed or closed without full payment of the filing fee, the installments collected shall be distributed in the same manner and proportions as if the filing fee had been paid in full. (1) If any installment of the filing fee has not been paid, the court may, after a hearing on notice to the debtor and the trustee, dismiss the case. (b) Dismissal for Failure To Pay Filing Fee. If the debtor fails to file the list, the court may order the debtor or another entity to prepare and file it.
For the purpose of the notice, the debtor shall file a list of creditors with their addresses within the time fixed by the court unless the list was previously filed. Except as provided in §§707(a)(3), 707(b), 1208(b), and 1307(b) of the Code, and in Rule 1017(b), (c), and (e), a case shall not be dismissed on motion of the petitioner, for want of prosecution or other cause, or by consent of the parties, before a hearing on notice as provided in Rule 2002.
(a) Voluntary Dismissal Dismissal for Want of Prosecution or Other Cause.
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