Dismissal of Adversary Cases (request filed by plaintiff)

See separate procedure if the defendant is seeking to dismiss an adversary case

 

Fed.R.Bankr.P. 7041

Fed.R.Civ.P. 41(a)(2)

S.D.Ind. B-7041-2, B-9019-1(b)(1)

General information

 

 

 

 

See more information on resolutions of adversary proceedings

 

Step by Step Procedures to file Notice or Stipulation of Dismissal

1.  Log into CM/ECF

 

2. Select Adversary > Resolution (Dismissal/Judgment) & Post-Judgment Matters

 

3. Enter the case number (in the format xx-xxxxx) and click Next

 

4. Select Notice of Dismissal of Adversary Proceeding or Stipulation of Dismissal of Adversary Proceeding from the event list and click Next

 

5. Do not check the box to indicate that you are filing jointly with another attorney. Just click Next.

 

7. Click to highlight the Party. The plaintiff is always a filing party. The defendant should also be selected if you are filing a Stipulation of Dismissal (hold down the Ctrl key to select more than one party). Click Next

 

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create any associations that apply.

 

8.   Browse to select the Notice or Stipulation (pdf file).  Click Next

 

9. Select appropriate radio button and click Next

 

10. If you indicated that only a certain party was to be dismissed and not the entire adversary proceeding, select the party who is to be dismissed from the drop-down list and click Next

 

11. 727 action cases only: Objection deadline is automatically calculated.  Click Next

 

12. Select prefix text, if desired, and click Next

 

13. Verify the final docket text; if correct, click Next to submit your document(s).

 

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

 

14. The adversary case is dismissed upon filing of the Notice or Stipulation. The adversary case is ready to be closed unless it was brought under 727. If so, then upon expiration of the 21-day objection deadline and if there are no objections filed, the adversary case is ready to be closed by the Court.

 

Step by step procedures to file Motion to Dismiss

1.    Log into CM/ECF

 

2. Select Adversary > Motions & Briefs

 

3. Enter the case number (e.g. xx-xxxxx), click Next

 

4. Select Dismiss Adversary Proceeding. Click Next

 

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

 

6. Check box if jointly filing with another attorney, click Next.

 

7. If you indicated that you are filing jointly with other attorney(s), select additional attorneys and click Next

 

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

 

8. Click to highlight the Party and click Next . If the party is not listed, click Add/ Create New Party

 

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association.

 

9. Browse to select the Motion (pdf file).  Click Next

 

10. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

 

11. Enter additional text, if desired, and/or select prefix text and click Next

 

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. The additional text option is not always available.

 

12. Verify the final docket text; if correct, click Next to submit your document(s).

 

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.