1017-1 Dismissal or Conversion

(a)   Chapter 7 Cases – Debtor's Motion.

(1) A motion to dismiss a chapter 7 case shall be noticed for hearing pursuant to Local Rule 9013-3.

(2) In addition to complying with Local Rules 9013-1 through 9014-3, the motion shall recite that counsel has advised the debtor of the consequences of dismissal.

(3) The Clerk shall prepare the order of dismissal for the judgesignature.

(b)   Chapter 13 Cases – Debtor's Motion.

(1) A debtor may move to dismiss his case pursuant to 11 U.S.C. §1307(b) by written motion or orally in open court.

(2) Written motions to dismiss chapter 13 cases shall recite whether the case has been converted previously pursuant to 11 U.S.C. §§706, 1112 or 1208.

(3) The court may consider an ex parte motion to dismiss only if the debtor is represented by counsel, the Bankruptcy Code authorizes dismissal and the motion recites that counsel has advised the debtor of the consequences of dismissal.

(4) Debtors not represented by counsel shall notice a motion to dismiss for a hearing pursuant to Local Rule 9013-3(b).

(5) The Clerk shall prepare the order of dismissal for the judgesignature.

(6) Upon the debtorfiling a notice of conversion pursuant to FRBP 1017, the Clerk shall serve the order upon conversion on all creditors and parties in interest.

(c)   Chapter 13 Cases - Trustee's Motions.

(1) If the trustee moves to dismiss or convert a chapter 13 case based on the debtor's failure to make payments required by a confirmed plan, the debtor's objection shall include:

(i)       the reasons the debtor has failed to make plan payments;

(ii)      if the debtor opposes dismissal or conversion on the ground that he will cure the payment default, the proposed dates and amounts of payments to cure the defaults;

(iii)     if the debtor opposes dismissal or conversion on the ground that the trustee failed to properly credit plan payments, the dates and amounts of the payments; and

(iv)    if evidence of payment is necessary to the debtor's defense, documents proving payment, including without limitation, copies of money orders, money order receipts, pay stubs or cancelled checks. The debtor shall deliver the documents to the trustee no later than five days before the hearing.

(2) All trustee’s motions shall comply with Local Rule 9013-3(c).

(3) The debtor shall attend the hearing on the motion unless the court has excused his appearance.

(d)   All Other Motions to Dismiss or Convert.

Motions to dismiss or convert cases filed by non-debtors are subject to Local Rule 9013-1.