CANB — General Order 23: Voluntary Dismissal of Chapter 13 Cases

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/general_order_23-1_0.pdf

Sparse pages use OCR; original PDF remains authoritative.

oO oOo NY HD Ww 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA AMENDED GENERAL ORDER NO. 23 General Order re Voluntary Dismissal of Chapter 13 Cases

1. In light of Rosson v. Fitzgerald (In re Rosson), 545 F.3d 764 (9th Cir. 2008), this General Order governs the procedures that apply, unless otherwise ordered, when a debtor wishes to dismiss a pending chapter 13 case which has not previously been converted to chapter 13 pursuant to Bankruptcy Code sections 706, 1112 or 1208.
2. Pursuant to Fed. R. Bankr. P. 9013, the debtor shall serve a motion to dismiss (“Motion to Dismiss”) on the Chapter 13 Standing Trustee, the United States Trustee and any creditor who has appeared. The Motion to Dismiss shall be supported by a declaration stating whether there are pending motions to convert the case to chapter 7 or pending motions to dismiss with prejudice.
3. The text of the motion should contain language that unless a party files and serves an opposition to the dismissal within seven (7) days from service of the motion, the court may grant the requested relief without hearing or further notice. If an objection is timely filed and served, the debtor must schedule a hearing on the motion and the objection to be heard on not less than seven (7), nor more than fourteen (14) days notice to the objecting party, the Chapter 13 Standing Trustee and the United States Trustee.

PB WwW N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. If no party in interest has filed an objection within seven (7) days following service of such motion, the debtor may upload or lodge an order granting the motion. If the Court finds that it is appropriate to grant the Motion to Dismiss, the Court will issue an order dismissing the case. 5. The time periods provided in this General Order are subject to modification in accordance with applicable rules. Nothing contained herein shall be construed to preclude requests for relief of any nature by or against any party-in-interest during the period between the filing of the Motion to Dismiss and the Court’s disposition thereof. IT IS SO ORDERED. DATED: \2/8)09 y L seaae RANDALL J. NEWSOME Chief Judge United States Bankruptcy Court “\7)e EFFECTIVE ze] 09 t