DISMISSAL OF PROCEEDINGS TO DENY OR REVOKE DISCHARGE

U.S. Bankruptcy Court for the Central District of Illinois

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Central District of Illinois

Rule: 7041-1

Jurisdiction: CDILB

Bluebook Citation: Bankr. C.D. Ill. R. 7041-1

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


Text

(A) Requirements for Motion to Dismiss Adversary Proceeding to Deny or Revoke Discharge. No adversary proceeding objecting to or seeking revocation of a debtor’s discharge under §§727, 1141, 1228, or 1328 of the Bankruptcy Code will be dismissed except upon motion with service made to the debtor, the United States Trustee, the trustee, if any, and all creditors and other parties of record. The motion shall either: (1) state that no entity has promised, has given, or has received directly or indirectly any consideration to obtain or allow such dismissal; or (2) specifically describe any such consideration promised, given, or received. (B) Notice Period.

The Court may dismiss a proceeding of the type described in paragraph (A) of this Rule without further notice or a hearing if the United States Trustee, the trustee, or another party in interest does not object to dismissal or move to intervene or 13 be substituted for the plaintiff within 21 days following the filing and service of the motion to dismiss.

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