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U. S. Trustee's Statement of Non-Filing of Motion to Dismiss or Convert

Official Procedure Last Change February 6, 2012

U. S. Trustee's Statement of Non-Filing of Motion to Dismiss or Convert

How to file: 

Location of event: Bankruptcy > Trustee/US Trustee > U.S. Trustee's Statement of Non-Filing of Motion to Dismiss or Convert

  • 11 USC 704(b), 707(b)

General Information

The US Trustee uses this event when presumption of abuse arose in a bankruptcy case, but now the US Trustee has decided, after investigation, not to move for the dismissal or conversion of the case. The US Trustee has 30 days to file this statement following the filing of a  Statement of Presumed Abuse.

Filing Requirements

  • The Statement must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Trustee/US Trustee.

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

4. Select U.S. Trustee's Statement of Non-Filing of Motion to Dismiss or Convert from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. 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.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Statement of Presumed Abuse to which this filing relates and click Next.

9. Enter additional text, if desired, and click Next.

10. 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.