Motion to Dismiss Case
Last Updated: March 22, 2007

UNDER CONSTRUCTION

There are seven (7) motion events related to the dismissal of a case.  The events are:

 

  • Dismiss Case and Bar Debtor from Refiling

  • Dismiss Case and Vacate Discharge

  • Dismiss Case for Abuse 707(b)

  • Dismiss Case for Failure to File Required Documents under Section 521(a)(1)

  • Dismiss Case for Failure to File Taxes under Section 521(j)(1)

  • Dismiss Case for Failure to Make Plan Payments

  • Dismiss Case for Other Reasons

     

The event selected must agree with the title reflected on your motion.  If you are seeking to dismiss the case for multiple reasons, select multiple events by holding down the Ctrl key and clicking on the events in the list (don't forget to attach a proposed order for each motion event selected).

 

 

Discharged Cases

If the case you are filing the Motion to Dismiss on has been discharged, the following warning screen will appear.

WARNING: Please be advised that a discharge was previously issued on this case.

 

 

 

Step-by-Step Procedures:

  1. Select [Bankruptcy>Motions/Applications]

  2. Enter case number and click Next

  3. Select appropriate dismissal event from pick list

  4. Click Next

  5. Select Party you represent from party pick list or Add/create new party

  1. Click Next

     

The Attorney/Party Association screen may appear.  

The following screen(s) may display:

A reminder screen may display: 
A Warning screen may display:

 

Motion to Dismiss Case for Other Reasons

A Warning screen will display advising you to confirm you have selected the correct dismissal event.  If not correct/ if correct, go to step 8

 

  1. The PDF Document selection screen will display.

  1. Attach Proposed Order

NOTE:  

Motion to Dismiss Case and Vacate Discharge

  • Click box to Refer to existing event(s)

  • Click box next to BNC Certificate of Service - Order of Discharge

Motion to Dismiss Case for Failure to File Taxes

    • Enter the name of the taxing authority

    • Enter the four digit tax year

Motion to Dismiss Case for Other Reasons

The following question will appear; Dismiss Case for Unreasonable Delay?

  • Select No  or Yes (if yes is selected, the text "Unreasonable Delay" will automatically appear in the docket entry.

  • Click Next

  • Complete text box with reason you are seeking to dismiss case only if the reason is other than for Unreasonable Delay.

 

  1. Insert hearing date, time and select hearing location

  2. Click Next

The Modify Text screen will display.  Click down arrow to select a prefix if applicable.

  1. Click Next

The Final Text screen will display.  This is your final opportunity to modify the entry before submitting the filing.

  1. Verify the accuracy of the docket text

  2. Click Next to complete filing process

The Notice of Electronic Filing will display.  It is the verification that the filing has been sent electronically to the court.

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case.  You have a period of 15 days for a one time free look at the document filed.