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U.S. Bankruptcy Court - Western District of Washington
Western District of Washington

 
Hon. Paul B. Snyder, Chief Judge Mark L. Hatcher, Clerk of Court
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New Text Motions and Orders for Dismissals effective July 7, 2014.
[last updated: 07/02/2014]

Practitioners:
Many of you are already familiar with the text orders entered in the chapter 13 context for dismissal for failure to appear at the 341 meeting and dismissal for inadequate filing. Instead of entering a paper order, the Court places a text order on the docket which is then sent to the parties through the Notice of Electronic Filing and BNC noticing. Starting July 7, 2014, the Court will expand the use of these text orders to include orders requested by the United States Trustee’s office for dismissal for failure to appear at the 341 meeting and dismissal for inadequate filing. In addition, also starting on July 7, 2014, attorneys for the United States Trustee and the Chapter 13 Trustee will be using text motion events to file dismissal motions for failure to appear and for inadequate filing. A sample of each text motion and corresponding text order are shown below.

Chapter 13 Failure to Appear Motion and Order:
Pursuant to Local Bankruptcy Rule 1017-1(b), the Chapter 13 Trustee (as designated by the United States Trustee) moves the Court ex parte for an order dismissing this case because the Debtor failed to appear and submit to examination at the 11 U.S.C. Sec. 341 meeting of creditors. The Debtor was given notice of the date, time and location of the meeting and that the Chapter 13 Trustee may file this ex parte motion if the debtor did not appear. (Related document(s)7 341 Meeting of Creditors Sent to BNC for Mailing). Filed by K Micheal Fitzgerald . (JDF) (Entered: 07/01/2014 at 08:25:18)

Ex Parte ORDER Dismissing Case for Failure to Appear at Meeting of Creditors. This matter comes before the Court on the Chapter 13 Trustee's Ex Parte Application for Order Dismissing Case for Failure to Appear and Submit to Examination at Meeting of Creditors. The debtor(s) having received notice of dismissal for failure to appear at the meeting of creditors, this case is dismissed pursuant to Local Bankruptcy Rule 1017-1(b) for the debtor(s)'s failure to attend the Sec. 341 meeting of creditors.


Chapter 13 Inadequate Filing Motion and Order:
Pursuant to Local Bankruptcy Rule 1017-1(b)and Fed. R. Bankr. P. 3015(b), the Chapter 13 Trustee (as designated by the United States Trustee) moves the Court ex parte for an order dismissing this case because Debtor failed to timely file schedules, statements, lists and/or a plan. The Debtor was given notice of this deficiency, the deadline, and that the Chapter 13 Trustee may file this ex parte motion if the debtor did not cure the deficiency. (Related document(s)8 Notice of Deficient Filing). Filed by K Micheal Fitzgerald . (JDF) (Entered: 07/01/2014 at 08:25:38)

Ex Parte ORDER Dismissing Case for Inadequate Filing. This matter comes before the Court on the Chapter 13 Trustee's Ex Parte Application for Order Dismissing Case for Failure to File Schedules, Statements, Lists, or Plan. The debtor(s) having received notice of dismissal for failure to timely file required schedules, statements, lists and/or plan, this case is dismissed pursuant to Local Bankruptcy Rule 1017-1(b) and Fed. R. Bankr. P. 3015(b) for the debtor(s)'s failure to timely file schedules, statements, lists and/or chapter 13 plan.


UST Failure to Appear Motion and Order:
Pursuant to Local Bankruptcy Rule 1017-1(b), the United States Trustee moves the Court ex parte for an order dismissing this case. The meeting of creditors was held as noticed and the Debtor failed to appear and submit to examination. (Related document(s)6 341 Meeting of Creditors Sent to BNC for Mailing). Filed by US Trustee . (JDF) (Entered: 07/01/2014 at 08:26:08)

Ex Parte ORDER Dismissing Case for Failure to Appear at Meeting of Creditors. This matter comes before the Court on the United States Trustee's Ex Parte Application for Order Dismissing Case for Failure to Appear and Submit to Examination at Meeting of Creditors. The debtor(s) having received notice of dismissal for failure to appear at the meeting of creditors, this case is dismissed pursuant to Local Bankruptcy Rule 1017-1(b) for the debtor(s)'s failure to attend the Sec. 341 meeting of creditors.


UST Inadequate Filing Motion and Order:
Pursuant to Local Bankruptcy Rule 1017-1(b), the United States Trustee moves the Court ex parte for an order dismissing this case. The Debtor has not filed the documents required by 11 U.S.C. Sec. 521(a)(1). The Debtor was given notice of this deficiency and has not cured the deficiency to date. (Related document(s)7 Notice of Deficient Filing). Filed by US Trustee . (JDF) (Entered: 07/01/2014 at 08:26:26)

Ex Parte ORDER Dismissing Case for Inadequate Filing. This matter comes before the Court on the United States Trustee's Ex Parte Application for Order Dismissing Case for Failure to File Schedules, Statements, or Lists. The debtor(s) having received notice of dismissal for failure to timely file required schedules, statements, or lists, this case is dismissed pursuant to Local Bankruptcy Rule 1017-1(b).
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