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DISMISSAL OF ACTIONS FOR LACK OF PROSECUTION

U.S. Bankruptcy Court for the Eastern District of North Carolina

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of North Carolina

Rule: 7055-1

Jurisdiction: EDNCB

Bluebook Citation: Bankr. E.D.N.C. R. 7055-1

All Rules: Bankr. E.D.N.C. Local Bankruptcy Rules, complete index

Text

Except where a complaint objecting to a discharge has been filed, an adversary proceeding may be dismissed by the court for lack of prosecution as follows: (1) where no service of process has been made and certified to the court within 30 days after the filing of the complaint; or where no responsive pleadings have been filed and plaintiff has not moved for entry of default within 30 days after the time for filing responsive pleadings has expired. Dismissal under this local bankruptcy rule shall be without prejudice unless the delay has resulted in prejudice to an opposing party. (2)

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