Trustee Motion to Dismiss

(a) Trustee Motion.   Except as provided in LR 2084-10(b), a trustee may schedule a dismissal hearing with at least twenty-one (21) days’ notice if the debtor fails to make timely plan payments, does not advance the case toward confirmation, or fails to comply with the terms of a confirmed plan. The Court may vacate the hearing if the debtor:

(1)  Brings plan payments current or agrees with the trustee to a payment schedule;

(2)  Files a notice of no objection to dismissal and request to waive hearing;

(3) Files and serves a conversion notice or motion; or

(4) Files and serves an amended or modified plan.

(b) Dismissal.  The trustee may lodge a dismissal order if the motion is granted after hearing or the debtor files a notice of no objection.

Notes 2026:  LR amended to generally require a hearing on notice for a trustee’s motion to dismiss a chapter 13 case, except as provided in LR 2084-10(b).