Rule 1017-3 : Dismissal or Suspension – Case or Proceedings (Failure to File Documents and the United States Trustee's Standing Motion to Dismiss)


(a) Deficient Filings:

(1) “Deficiency” Defined: A filing to commence a bankruptcy case is deemed to be “deficient” if the lists, schedules, statements and other required documents to commence a case are not filed in compliance with, and in the time specified in, the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and these L.B.R. and L.B. Forms, including applicable appendices attached hereto.

(2) Cause for Dismissal: In the event a case is deficient, such deficient filing may constitute cause for dismissal.

(3) Standing Motion to Dismiss by United States Trustee: The United States Trustee has filed with the court a document entitled United States Trustee's Standing Motion to Dismiss Deficient Case (the “Standing Motion to Dismiss,” L.B.R. 1017-3App.). The Standing Motion to Dismiss applies to a deficient case filed with the Clerk.

(4) Notice: In the event a deficient voluntary case is filed, the Clerk may provide notice of the deficiency and Standing Motion to Dismiss. Notice to the debtor and the debtor’s attorney will be served to the addresses shown on the petition.

(5) Objections: Any party desiring to object to the dismissal of the case may do so by filing an objection and request for hearing in accordance with L.B.R. 9013- 1 within the time set to file missing documents by applicable Federal Rules of Bankruptcy Procedure to file the documents or within any extended time fixed for the curing of deficiency, or such other time as may be fixed by the court.

(6) Dismissal Order: A deficient voluntary case may be dismissed unless the deficiency is timely cured or an objection is filed. Notice to the creditors and other interested parties of the dismissal will be served by the Clerk to the addresses of the creditors and other interested parties, if any, as shown on the Creditor Address Mailing Matrix.

Commentary

[Source: L.B.R. 505, GPO 2002-2 and GPO 2002-4.]

See L.B.R. 1002-1 and 1007-1 for initial filing requirements.
See L.B.R. 3015-1(b)(2) requiring timely submission of Chapter 13 plan or the case is deficient and subject to the United States Trustee’s Standing Motion to Dismiss.
See L.B.R. 2081-3 for motions to dismiss chapter 11 cases.
See L.B. Forms 1017-3.1 and 1017-3.2 for dismissal of chapter 13 cases.
Note the difference between the Clerk rejecting a filing for failing to meet the minimum documentation requirements of L.B.R. 1002-1(b) versus accepting the filing but issuing a notice of deficiency pursuant to L.B.R. 1017-3.
Clarification regarding source of deadlines to object to dismissal and adding reference to L.B.R. 3015-1(b)(2) to Commentary. January 1, 2014.