Official Procedure Last Change December 1, 2019
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 the entire case.
- It is not necessary to file a Motion to Terminate Joint Administration of Case ("deconsolidation") if you are seeking to dismiss only one party. The case may proceed with a dismissed party without splitting the case.
- You will need to use the Motion to Dismiss Case event if either of the following apply:
- If you are seeking to dismiss a party on a case where all other parties have previously been dismissed;
- If you are seeking to dismiss the entire case.
- Motion must be signed by the filing party.
- Motion must clearly state which party is being dismissed.
- The Motion must contain a Certificate of Service.
- It is not necessary to upload a proposed order - the court will prepare one.
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 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 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.
10. Select appropriate party to be dismissed and 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. 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.
13. 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.