3015-1(q)(1): Chapter 13: Voluntary Dismissal: Debtor's Request
LBR 3015-1(q)(1) provides the procedure for a chapter 13 debtor to request a court order dismissing the bankruptcy case; this is a motion for "voluntary dismissal."
A. 3015-1(q)(1)(A) -- If the debtor's case began as a chapter 13 case. the debtor must:
- File Debtor's Request for Voluntary Dismissal -- the court has a form request -- see link below. --- It is mandatory to disclose whether any motions for relief from stay have been filed.
- File Notice of Motion for Order Without Hearing -- the court has a form notice -- see link below.
- Do not lodge an order -- the clerk will enter an Order and Notice of dismissal.
B. 3015-1(q)(1)(B) -- If the debtor's case was previously converted from another chapter, the debtor must:
- File Debtor's Request for Voluntary Dismissal -- the court has a form request -- see link below. --- It is mandatory to disclose whether any motions for relief from stay have been filed.
- File EITHER a Notice of Opportunity to Request a Hearing OR a Hearing Notice -- see links below.
- Lodge an order when the time is appropriate.
Section:
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number:
3015-1(q)(1)