Motion to Dismiss Party


How to file:

Location of event: Bankruptcy > Motions, Applications & Briefs > Dismiss Party, Motion to


Things to be aware of when filing: Do not use this event to seek dismissal of one party only on a joint case.



11 U.S.C. Section  109(g), 521, 707, 1112(b), 1208(b)(c), 1307(c)

FRBP 1007(c)

S. D. Ind. B-1017-1

General Information



Filing Requirements


Step-by-Step Procedures to file Motion to Dismiss Party

1. Log into CM/ECF


2. Select Bankruptcy > Motions, Applications & Briefs


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


4. Select Dismiss Party, Motion to from the event list. 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 attorney(s) and click Next


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


8. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next


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


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


10. Select appropriate party to be dismissed, Click Next


11. 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


12. 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.


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.




Curing a Deficient Filing

If the motion is deficient: A new motion which cures the deficiencies must be filed prior to the deficiency deadline using the above procedure or your original filing may be stricken by the court.


If the Certificate of Service is deficient or was not filed, a Certificate of Service may be filed separately using the Certificate of Service event.