Official Procedure Last Change December 1, 2022
Motion to Dismiss Adversary Case or party/count therein filed by defendant
See separate procedure if the plaintiff is seeking to dismiss an adversary case/party/count - either alone, or jointly with the defendant.
How to file:
Location of event: Adversary > Motions & Briefs > Dismiss Adversary Proceeding, Count or Party, Motion to
Things to be aware of when filing: Specific requirements for service of the Motion apply if filed on a 727 Objection to or Revocation of Discharge proceeding.
This motion is used by a defendant seeking the dismissal of the adversary case, or a party or count therein. See separate procedure if the plaintiff is seeking to dismiss an adversary case or party or count.
- The Motion must be signed by the defendant or defendant's attorney.
- A Certificate of Service showing service of the Motion on the plaintiff must be included.
- If the proceeding is a 727 Objection to/Revocation of Discharge, then the Motion should also be sent to the US Trustee, any trustee, any counsel of record that have appeared (even if they only appeared in the legal case and not the adversary case, or vice versa), and any party intervening pursuant to FRBP 7024.
- A Brief in Support is require for defendant's motion.
- Pursuant to FRBP 7007.1(a), a Statement of Corporate Ownership must be filed if the Plaintiff is not an individual or a governmental unit, unless the defendant is the debtor.
- It is not necessary to upload a proposed order - the court will prepare one.
1. Log into CM/ECF.
2. Select Adversary > Motions & Briefs.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Dismiss Adversary Proceeding, Count or Party, 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 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.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create any associations that apply.
10. Select appropriate radio buttons and click Next.
11. Select if the Brief in Support is attached or will be filed separately and click Next.
12. (If the brief in support is attached) Enter date of service of motion and brief - this may not be today's date. Click Next. Response brief date is calculated and displayed. Click Next.
13. (If an amended motion) Select the motion that is being amended and click Next.
14. 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.
15. 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.