(a) Among the reasons a case may be
dismissed for want of prosecution under FED. R. BANKR. P.
1017 are:
(1) Incomplete or late schedules filed by the debtor;
(2) The failure of a non-individual debtor to act through
counsel in the filing of a bankruptcy petition or the prosecution of
a case;
(3) Unpaid or late filing fees by the debtor;
(4) Failure by the debtor to timely file mailing lists of
creditors in the prescribed format;
(5) Failure by the debtor to include the required creditors
list with the petition;
(6) Failure by the debtor to timely file the forms required
by BLR 1007-1;
(7) The debtor’s lack of diligent, prompt prosecution through
filing of a plan late, missing or incomplete disclosure statement or
other document required by the code, rules, or orders;
(8) The debtor’s failure to attend the §
341
creditors meeting;
(9) The debtor’s failure to timely amend schedules requested
by the trustee or the U. S. trustee; and
(10) Unpaid U.S. trustee quarterly fees.
(b) Chapter
13 trustees may file
motions to dismiss for non-payment, in the exercise of their
discretion, at any time. Chapter 13 trustees must timely file
motions to dismiss if the debtor is two monthly payments behind.
The hearing must be set at the first panel following the expiration
of 28 days after the motion is filed. The form of motion shall be in
a form promulgated from time-to-time by the Bankruptcy Court.
Responses and requests for hearings on motions to dismiss must be
filed not later than 21 days after service. If no timely response
is filed, the Court may dismiss the case without a hearing, at its
discretion.
(c) In chapter
13 cases, federal tax
issues will be governed by the following procedures:
(1) At or before 7 days before the date first set for the
first § 341 meeting of creditors, the Internal Revenue Service must
send a tax transcript to the chapter 13 trustee, the debtor and
debtor’s counsel.
(2) Within 7 days after the §
341
meeting of creditors, the trustee must file a motion to dismiss any
chapter 13 case in which the IRS transcript reflects a delinquent
return for a period in which taxes would be entitled to a priority.
The motion shall be in a form published from time-to-time on the
Court’s website.
(3) Within 21 days after the chapter
13 trustee has filed a
motion to dismiss a case based on delinquent tax returns, the debtor
must file a response to the motion.
(4) If all tax returns that are the subject of a motion under
BLR 1017-2(b) have not been filed, the plan
will not be confirmed. If all tax returns have been filed, the court
may confirm the plan or may deny confirmation based on an estimate
of the IRS’s claim pursuant to §
502(c). The order confirming the
plan will provide that the plan has been confirmed based on an
estimate of the debtor’s tax liability and that the actual amount
payable by the debtor in order to discharge the tax liability will
be the actual amount determined based on the allowance of the tax
claim, without regard for any provision in the plan to the
contrary.
(5) The proposed order dismissing for failure to file tax
returns will provide for dismissal with prejudice until all
delinquent returns have been filed and must be in the form published
from time-totime on the Court’s website.
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