Dismissal for Want of Prosecution or Other Cause; Sua Sponte Dismissal; Ex

Parte Dismissal (a) Dismissal for Want of Prosecution or Other Cause. The following is a non-exclusive list of reasons a case may be dismissed for want of prosecution or other cause under Fed. R. Bankr. P. 1017: (1) incomplete or late schedules filed by the debtor; (2) the failure of a non-individual debtor to act through counsel in the filing of a bankruptcy petition or the prosecution of a case; 6 (3) unpaid filing fees by the debtor; (4) failure by the debtor to timely file mailing lists of creditors in the prescribed format; (5) failure by the debtor to include the required creditors list with the petition; (6) the debtor’s lack of diligent, prompt prosecution through filing of a plan late, missing or incomplete disclosure statement or other document required by the code, rules, or orders; (7) the debtor’s failure to attend the § 341 creditors meeting; (8) the debtor’s failure to timely amend schedules requested by the trustee or the U.S. trustee; and (9) unpaid U.S. trustee quarterly fees. (b) Sua Sponte Dismissals; Order to Show Cause for Dismissals; Ex Parte Dismissals. (1) Sua sponte dismissal.

Without the necessity of obtaining an order, as soon as practicable, the Bankruptcy Clerk shall enter an order to dismiss a case for failure to file timely a certificate of credit counseling. (2) Order to show cause for dismissal. As soon as practicable, without the necessity of obtaining an order, the Bankruptcy Clerk shall enter an order which sets a hearing and requires the debtor(s) to show cause why a chapter 7 or 13 case should not be dismissed for failure of debtor(s) to pay timely filing fees or failure of debtor(s), within fifteen days after the filing of the petition commencing such case or such additional time as the court may allow, to file the information, document, list, schedule, statement or plan required by Fed. R. Bankr. P. 1007 or 3015. The Bankruptcy Clerk must serve the order on the debtor(s), and, if the debtor(s) is (are) represented by an attorney, the attorney, at least twenty-one (21) days before the hearing date.

The entry of the order to show cause on CM-ECF shall constitute service on the attorney by electronic service pursuant to Local Bankruptcy Rule 9036-1. Objections should be filed at least seven (7) days before the hearing date. If no response is timely filed or if good cause is not shown with the time prescribed by the order, the court may dismiss the case without the necessity of a hearing. 7 (3) Ex parte dismissal.

The United States Trustee may seek an ex parte dismissal of a case if a debtor fails to attend a meeting of creditors scheduled pursuant to 11 U.S.C. § 341 by filing a motion accompanied by an affidavit or a declaration in compliance with 28 U.S.C. § 1746 attesting the failure of the debtor(s) to (i) attend the meeting and (ii) request that it be rescheduled within twenty-one (21) days of the date of the meeting debtor(s) failed to attend.