Official Procedure Last Change January 14, 2014
Withdrawal of Motion to Dismiss or Objection to Chapter 13 Plan
How to file:
Location of event: Bankruptcy > Trustee/US Trustee > Withdraw Motion to Dismiss or Objection to Plan (Ch 13 only)
Things to be aware of when filing: This event is only available for Chapter 13 trustees wishing to withdraw their Motion to Dismiss or Objection to Plan without the need to upload a PDF. See separate instructions for filing a withdrawal in any other circumstance.
The US Trustee has 10 days after the date of the first meeting of creditors to file a statement as to whether the case should be considered an abuse.
The debtor can then file a Debtor's Special Circumstances/Rebuttal of Presumption of Abuse if they feel that their circumstances warrant special consideration, for instance, a serious medical condition or a call or order to active service in the Armed Forces.
No PDF is required to be attached.
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 Withdraw Motion to Dismiss or Objection to Plan (Ch 13 only) 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. Select the document you wish to withdraw and click Next. (Note: Only motions to dismiss and objections to plan that you have filed on the case are displayed. To withdraw any other document, see separate instructions.)
8. Final docket text is displayed. Click Next.
9. 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.