Motion to Dismiss Case

This event is programmed in CM/ECF to automatically transmit statistical information to the Administrative Office of the U.S. Courts pursuant to statutory mandates of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).  Please be sure this is the most appropriate event for the pleading you are filing.

See also Forms- Recommended Forms and Orders- Order of Dismissal; Order Resolving Motion to Vacate Stay and or Motion to Dismiss with Conditions; Order Regarding Chapter 13 Trustees Motion to Dismiss or Certification of Default.

STEP 1           Select Bankruptcy from main menu

STEP 2           Select Motions/Applications category

STEP 3           Enter case number; click [NEXT]

STEP 4           Select Dismiss Case from drop down menu; click [NEXT]

STEP 5           If this is a joint filing, place a check in the box and click [NEXT].  If this is not a joint filing, click [NEXT] to skip this screen.

STEP 6              Select the Party or click Add/Create New Party; click [NEXT]

TIP - If this is the first time you are appearing on behalf of this party, you will be asked to create an association between the attorney and client on the next screen as shown below:

Please be aware that unchecking the association check box will prevent you from receiving Notices of Electronic Filing in this case.

STEP 7           Upload the .pdf document and any attachments (ie: Certificate of Service, Proposed Order); click [NEXT]

TIP - Be sure to upload the correct .pdf document.  After Browsing your files, right click on your file name and select open from the pop up menu.  If you upload the wrong .pdf document and notice the error while you are still on this screen, highlight the file name and click REMOVE from the list.

STEP 8          Select Type of Dismissal; click [NEXT]

STEP 9          Enter the hearing date, time and location in the appropriate fields. When setting the hearing, if this case is a Chapter 7 or 11, allow 30 days from the date of filing for BNC noticing; click [NEXT]

STEP 10        If you selected To dismiss case for other reasons, a variable box will display: Reason for Dismissal. Enter the reason for dismissal.

STEP 11        Confirm case information; click [NEXT]

STEP 12        Docket text displays.  The entry cannot be modified on this screen.  If modification is necessary, use the [BACK] button on your browser.

SAMPLE DOCKET ENTRY

Motion to Dismiss Case for : [radio button option] Filed by Test Attorney on behalf of Test Client.  Hearing scheduled for [time, date, location]. (test atty)

STEP 13        Notice of Electronic Filing displays.