Motion to Dismiss Debtor for Abuse

Rev. 02/03/2024

11 U.S.C. § 707(b)
Fed. R. Bankr. P. 1017(e)

A motion for dismissal for abuse must be filed within 60 days after the first date set for the meeting of creditors unless, on request filed before that time has expired, the court for cause extends the time for filing the motion to dismiss. See Fed. R. Bankr. P. 1017(e)(1).

If the hearing is set on the court's motion, notice of the hearing must be served on the debtor no later than 60 days after the first date set for the meeting of creditors. See Fed. R. Bankr. P. 1017(e)(2).

Motion Docket Event:

[Bankruptcy > Motions/Applications > Dismiss Debtor for Abuse]

Requirements:

Motion by Interested Party Other Than the US Trustee
KMS Cases	JAW Cases
Motion with Certificate of Service	Motion with Certificate of Service
21 Day Notice to creditors/parties in interest*	21 Day Notice to creditors/parties in interest*
Proposed Order	Proposed Order

Notice Docket Event:

[Bankruptcy > Notices > 21 Day Notice]

Motion by the US Trustee
KMS Cases	JAW Cases
Motion with Certificate of Service	Motion with Certificate of Service
Set for Hearing	Set for Hearing
Proposed Order	Proposed Order

How to Docket an Amended Motion

To file an amended motion, select the above docket event and choose 'Amended' from the prefix drop-down list. This will ensure that the amended motion is correctly filed and processed. Select the above docket event to file the amended motion and select Amended from the prefix drop-down list.

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U.S. Bankruptcy Court ● Southern District of Mississippi