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B-1017-1. CONVERSION AND DISMISSAL

(a)   “Automatic” Dismissal

(1)     Notwithstanding 11 U.S.C. §521(i)(1), no case shall be deemed dismissed except upon entry of an order of dismissal.

(2)     If a party moves for dismissal pursuant to §521(i)(2) and if such motion specifically requests dismissal within seven (7) days, the Court may dismiss the case without further notice or hearing if the docket is missing one of the items identified in 11 U.S.C. §521(a)(1)(A) and (a)(1)(B)(i) through (v). If the docket contains a filing denominated as such but which the moving party contends fails to include all the required contents, the motion shall identify the alleged deficiency. The movant shall serve the motion on the Debtor, trustee, and UST along with a notice requiring a response to be filed within fourteen (14) days of service. If no such response is timely filed, the Court may dismiss the case without further notice or hearing. If a response is timely filed, the Court will either rule on the motion or set the matter for hearing.

 (3)     The Court may also dismiss a case pursuant to 11 U.S.C. §521(i)(1) on its own motion.

(b)       Dismissal for Failure to File Required Documents or Pay Filing Fee

(1)     In any case where the lists, schedules, statements, and other documents described in Fed.R.Bankr.P. 1007(b)(1), (4), (5), and (6) are not filed with the voluntary petition, within fourteen (14) days thereafter or within such other period set by Court order, the Court shall enter an order of dismissal without further notice or hearing unless a motion for extension of time has been filed prior to the expiration of the period.

(2)     The Court shall also enter an order of dismissal without further notice or hearing unless the documents required by Fed.R.Bankr.P. 1007(b)(3) [credit counseling documentation or request for waiver under 11 U.S.C. §109(h)(4)] and by Fed.R.Bankr.P. 1007(f) (SSN statement, Official Form 121) are filed with the voluntary petition or within seven (7) days thereafter.

(3)     In any case where the filing fee has not been paid at the time of filing or within seven (7) days thereafter, the Court shall enter an order of dismissal without further notice or hearing unless an application to pay the filing fee in installments, or, if a Chapter 7, an application to waive the filing fee, has been filed prior to the expiration of the period. If a Debtor fails to pay a fee installment when due, the Court shall dismiss the case without further notice or hearing.

(4)     In any case where creditor information has not been provided at the time of filing or within seven (7) days thereafter, the Court shall enter an order of dismissal without further notice or hearing unless a motion for extension of time has been filed prior to the expiration of the period.

(c)   Obtaining Relief from Dismissal Order

(1)     Reopening Case

If a dismissed case has been closed, any party seeking relief from the dismissal order must first file a motion to reopen and pay the required fee. Then the party shall file a motion for relief from the dismissal order pursuant to Fed.R.Bankr.P. 9024 as set out in subparagraph (2). (That motion for relief can be filed contemporaneously with the motion to reopen.)

(2)     Requirement of Motion for Relief from Dismissal Order

If the dismissed case has not been closed or it has been reopened, then the party shall file the motion for relief from dismissal order (unless it was filed with the motion to reopen). If the case was dismissed because of a failure to file required documents, contemporaneously with the motion(s), the movant must submit the documents required, or file a motion seeking an extension of time for submitting those documents. If the case was dismissed for failure to pay the filing fee or an installment, then the movant must, contemporaneously with the motion for relief from dismissal order, pay the filing fee or any missed fee installment, or file a motion seeking an extension of time to pay the fees. If the movant fails to comply with these requirements the motion for relief from dismissal order will not be considered.

(3)     Refund of Reopening Fee

If the motion to reopen or for relief from the dismissal order is denied, the Court may direct the refund of the filing fee for the motion to reopen only.

(d)   Conversion

A Debtor seeking to convert from Chapter 12 or 13 to Chapter 7 shall file a notice of conversion pursuant to Fed.R.Bankr.P. 1017(f)(3). A Debtor’s motion to convert pursuant to Fed.R.Bankr.P. 1017(f)(2) shall be served on the trustee, if any, and the UST.

(e)   Service of Motion to Dismiss

A Debtor’s motion to dismiss pursuant to Fed.R.Bankr.P. 1017(f)(2) shall be served on the trustee, if any; the UST; and counsel of record.