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Chapter 13 trustees must timely file motions to dismiss if the debtor is two monthly payments behind. The hearing must be set at.The Debtor consents that the Trustee's Motion to Dismiss will be conditionally DENIED. If the debtor is not eligible to be a debtor for the reasons stated in section 109, the trustee may move to dismiss or take other appropriate action. That the Joint Motion and Stipulation of Plaintiff and Carol Snyder,. Public Trustee For Adams County Colorado To Dismiss and Vacate Trial. On November 4, 2021 the Court held a hearing. For the reasons stated herein, Michael B. Schmidt's motion to dismiss is granted. Petition is pending. 14. (2) Family Division Actions.