Official Procedure Last Change December 1, 2019
Motion to Dismiss Adversary Case or counts 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.
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How to file: Location of event: Adversary > Motions & Briefs > Dismiss Adversary Proceeding or Count 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. |
General Information
This motion is used by a defendant seeking the dismissal of the adversary case, or counts therein. See separate procedure if the plaintiff is seeking to dismiss an adversary case or party or count. If the Motion seeks to dismiss a party/parties, and not the entire adversary proceeding, the Motion to Dismiss Party event must be used.
Filing requirements
- 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.
- If the motion is being filed pursuant to Fed.R.Civ.P. 12(b)(6), an accompanying brief is required, or a motion seeking relief from the briefing requirement.
- 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.
Step-by-Step Instructions
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 or Count 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.
9. Browse to attach the document to be filed (pdf file). Click Next.
10. Select appropriate radio buttons and click Next.
11. If you indicated that the motion is being filed pursuant to Fed.R.Civ.P. 12(b)(6), you are asked whether you are attaching the brief along with the motion. Select the correct radio button and click Next.
12. If a brief is required and you indicated that the brief is not being filed at this time, the deadline for filing it is calculated and displayed. Click Next.
13. Enter date of service of motion (and brief, if applicable) - this may not be today's date. Click Next. Response date is calculated and displayed. Click Next. (This step is skipped if a brief is required but has not yet been filed.)
14. 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.
15. 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.
16. 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.