A. Procedure Generally

Any trustee or party in interest may move to dismiss a Chapter 7 proceeding by delivering the original and one copy of each of the following to the clerk:

(1) a completed request for notice of hearing on the form approved by the Court and supplied by the clerk;

(2) a motion slip;

(3) a notice of motion with a certificate indicating service on the parties of record; and

(4) the motion to dismiss.

B. Date of Presentment

The date of presentment for the motion to dismiss shall be no less than 28 calendar days from the date the papers referred to in section A of this rule are delivered to the clerk nor more than 35, except to comply with the last sentence of Rule 402 B of these rules. The date and time of presentment shall be set for a date and time that the assigned judge normally hears new motions in Chapter 7 cases.

C. Notice of Motion to Dismiss to be Sent by Clerk

Upon receipt of the papers referred to in section A of this rule, the clerk shall cause notice to be sent pursuant to Bankruptcy Rule 2002.

D. Cost of Service to be Paid to Clerk

The cost of the service of notice of dismissal shall be paid to the clerk by the party requesting by the party requesting same unless excused by an order of Court, or by the trustee if there are sufficient assets available in the estate.

Committee Note: This procedure has been followed since it was promulgated by the General Order of 22 February 1989.