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The motion will tell you why the trustee is asking the court to dismiss your case—it's likely that it will be for nonpayment. CONDITIONALLY DENIED per the consent agreement above.Q: Is the chapter 13 trustee responsible for filing a motion to dismiss on issues related to domestic support obligations? Updated: August 2006. If your Chapter 13 bankruptcy case is dismissed because of nonpayment, you can appeal. But there are often better ways to deal with the problem. This matter is before the Court on the motion of the Chapter 13 Trustee to dismiss the Debtor's case for failure to make Chapter 13 plan payments. If the trustee files a motion to dismiss, you'll have a chance to review and oppose it. A motion to dismiss does not mean that your case is over. A petition commencing a case under the Code shall be filed with the clerk.