| Bankruptcy Lawyers Los Angeles - Denial Or Dismissal For Want Of Prosecution |
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Bankruptcy Lawyers Los Angeles - Denial Or Dismissal For Want Of Prosecution
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DENIAL OR DISMISSAL FOR WANT OF PROSECUTION(a) DISMISSAL FOR FAILURE TO FILE SCHEDULES OR STATEMENT OF AFFAIRS If a chapter 7 petition is filed without the schedules or statement of affairs required by F.R.B.P. 1007, an order to show cause may issue, providing notice to the debtor that the case will be automatically dismissed without further notice or hearing if the required schedules and statement, or a request for extension of time within which to file the required papers, are not filed within 15 days. (b) DISMISSAL FOR FAILURE TO APPEAR AT SECTION 341(a) MEETING OF CREDITORS If a chapter 7 debtor fails to appear at the initial section 341(a) meeting of creditors and any continuance thereof, the trustee shall notify the court which shall dismiss the debtor’s case with a 180-day prohibition of filing another bankruptcy case. In the event of a joint case in which 1 debtor appears at the section 341(a) meeting of creditors and 1 debtor does not appear, the 180-day prohibition shall apply only to the non-appearing debtor. (c) DISMISSAL OF PROCEEDINGS - GROUNDS AND EFFECT Proceedings which have been pending for an unreasonable period of time without any action having been taken therein may be dismissed for want of prosecution upon notice and opportunity to request a hearing. (d) DENIAL OR DISMISSAL FOR FAILURE TO APPEAR If a party fails to appear at the noticed hearing of a motion or proceeding, the court may make such orders in regard to the failure as are just, including denial or dismissal of the matter for want of prosecution. Unless the court provides otherwise, any denial or dismissal pursuant to this Local Bankruptcy Rule shall be without prejudice.
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