1017-2

RULE 1017-2 DISMISSAL FOR LACK OF PROSECUTION [Modified 12/1/09]

 

(a) Want of Prosecution Defined. For purposes of Fed. R. Bankr. P. 1017, the term "want of prosecution" shall include, but is not limited to:

 

(1) failure to file lists, schedules, statements, and all required documents within the time allowed by Fed. R. Bankr. P. 1007;

 

(2) failure of a debtor that is a corporation to be represented by counsel within the time set by order of the Court;

 

(3) failure to pay timely any required filing fee;

 

(4) failure to timely file a plan, disclosure statement or other document or pleading, as required by the Bankruptcy Code, Federal Rules of Bankruptcy Procedure, these LBRs or orders of the Court;

 

(5) failure of a party or counsel to appear, upon notice or order, at a hearing before the Court;

 

(6) failure of the debtor(s) to appear at the initial Section 341 meeting, or any continued meeting; and

 

(7) failure to abide by any Court order requiring the filing of papers or payment of fees, costs or sanctions.

 

(b) Sua Sponte Action by Court. The Court may, on its own motion, and after notice to the debtor, the debtor’s attorney, if any, and to all creditors, dismiss a case for lack of prosecution unless the debtor cures the deficiency timely, and/or the debtor or any party in interest requests a hearing within seven days of service of such notice of intent to dismiss or order to show cause.