We've recently conducted a review of all the Motions to Dismiss that have been filed during the past several months. Our sample revealed that in almost 10% of the filings, the title of the motion and proposed order did not match the event that was filed. Generally, the titles were incomplete. As an example, the event Motion to Dismiss for Failure to Make Plan Payments was chosen, but the titles of the motion and order were Motion/Order to Dismiss.

There are 7 Motions to Dismiss,including a " generic" Motion to Dismiss. The " generic" Motion to Dismiss should be used when none of the other options apply . You may add additional text to the " generic" Motion to Dismiss event , but should only do so if that language is included in the title of your motion and proposed order . If you prefer, you can title your motion and proposed order just Motion/Order to Dismiss and NOT add any additional text to the generic Motion to Dismiss event . If you chose any other option , the title of your motion and proposed order must specifically match the event you have filed . If not, the entry will be annotated as incorrect and we will ask you to refile so that the PDF is consistent with the docket text .

Each of these motions is specifically coded and analyzed by our Administrative Office in Washington to report to Congress on the impact of BAPCPA. They are national options that all Bankruptcy Courts have been asked to provide in CM/ECF, so accurate statistics can be gathered.

Dismiss and Bar Debtor for a Period
Dismiss and Vacate Discharge Dismiss for Abuse 707(b)
Dismiss for Failure to File Required Documents under Section 521(a)(1)
Dismiss for Failure to File Taxes under Section 521(j)(1)
Dismiss for Failure to Make Plan Payments
Dismiss for Other Reasons( our generic option; none of the other options apply)

To allow time for you to review this information with your staff and make any adjustments to your internal practices, we will continue to place a courtesy call if the specific Motion to Dismiss has not been used. Beginning March 1, 2011,we will ask you to refile any Motion to Dismiss event that is not consistent with the PDFs. We urge you to ask any questions and seek whatever clarification you need before submitting your filing, so we can minimize the refiling of these motions. If you have any questions, please contact our ECF Help Desk at 312-408-7765.