Although the Clerk will continue to provide notice, under

FRBP 1017(e), doing so need no longer be established by Local Bank- ruptcy Rule. [Repeal effective 12/01/09.] RULE 1017-2 VOLUNTARY DISMISSAL OF CHAPTER 13 CASES (A) Service: A debtor seeking to dismiss a pending chapter 13 case that has not previously been converted shall provide the chapter 13 trustee, the United States trustee, and any credi- tor that has appeared or has filed a proof of claim at least 7 days’ notice of such motion, un- less the notice period has been shortened by the Court for cause shown. (B) Contents of Motion: The motion to dismiss must state whether the case was previously converted from any other chapter of title 11 and whether there are pending motions to con- vert the case to chapter 7 or pending motions to dismiss the case with prejudice. (C) Notice: The notice of the motion to dismiss shall contain language substantially in accordance with Official Form 420A, “NOTICE OF MOTION,” and setting forth substantially the following, using bold print and capitalized text: NOTICE UNDER LOCAL BANKRUPTCY RULE 1017-2, UNLESS A WRITTEN RESPONSE IN OPPOSITION TO THIS MOTION IS FILED WITH THE CLERK OF COURT AND SERVED ON THE DEBTOR(S) WITHIN 7 DAYS FROM THE DATE OF SERVICE OF THIS MOTION, THE COURT MAY DEEM ANY OPPOSITION WAIVED, TREAT THE 14 MOTION AS CONCEDED, AND ISSUE AN ORDER GRANTING THE RELIEF REQUESTED WITHOUT FURTHER NOTICE OR HEARING. RULE 1017-3 SUSPENSION OF AUTOMATIC DISMISSAL (D) Requirement of Written Response: If no response in opposition is filed and served in accordance with paragraph (C) of this Local Bankruptcy Rule, the Court, in its discretion, may enter an order dismissing the case without holding a hearing.

If a response in opposition is timely filed, the debtor shall select a hearing date and serve notice of the hearing on the respondent, the chapter 13 trustee, the United States trustee, and all creditors and parties in interest. Comments