Motion to Dismiss Case

Official Procedure Last Change December 1, 2019

Motion to Dismiss Case (including the Alternative, to Convert Case)

How to file:

Location of event: Bankruptcy > Motions, Applications & Briefs > Dismiss Case, 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 USC 521, 707, 109(g), 1112(b), 1208(b)(c), 1307(c)
FRBP 1007(c)
S. D. Ind. B-1017-1, B-1017-3
General Order 10-0001, 13-0002

General Information

A Motion to Dismiss one debtor only on a joint case should be filed using the Motion to Dismiss Party event.
The Motion to Dismiss event also allows for the filing of a Motion to Dismiss or in the Alternative, to Convert Case (which may incur a conversion fee) and for inclusion of a request to bar debtor from re-filing after dismissal. Select appropriate radio buttons during filing if either of these apply.

Filing requirements

The Motion must be signed by the filing party.
A Certificate of Service must be included.
If filed by a Chapter 13 trustee, a 21-day objection notice must be included (not applicable for a Motion to Dismiss and in the Alternative, to Convert - these motions will be set for hearing by the court).
It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Dismiss Case, Motion to from the event list and 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Select appropriate radio buttons then click Next. (This screen is skipped for certain filers.)

11. Chapter 13 Trustees: A 21-day objection notice must be included along with the Motion to Dismiss (unless the motion is to dismiss or in the alternative, to convert). Enter the date that notice was mailed and click Next. Objection deadline is calculated and displayed. Click Next.

12. 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.

13. Select prefix text, if applicable, 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.

14. Verify final docket text. If correct, click Next to submit.

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.