[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Bankruptcy Court Clerk] [Bankruptcy Court Address] [City, State, ZIP] Re: [Case Reference Number] Motion to Dismiss Chapter [Chapter Number] Bankruptcy Petition Dear [Bankruptcy Court Clerk], I, [Your Name], representing [Yourself/Debtor/Debtor's Attorney], hereby file this motion to dismiss the Chapter [Chapter Number] bankruptcy petition (Case Reference Number) currently pending before this honorable court. This motion is based on the following grounds and requests the court's prompt consideration. 1. Inability to Meet Mandatory Bankruptcy Requirements: The debtor has failed to meet the prerequisite requirements mandated by the Bankruptcy Code [cite relevant code section(s)] to commence the bankruptcy process. Specific reasons outlining this inability may include: a. Failure to Complete Credit Counseling: The debtor is required to complete a mandatory credit counseling course as per Section [relevant code section], which has not been fulfilled or filed with the court. b. Lack of Eligibility for Chapter [Chapter Number] Bankruptcy: The debtor does not meet the necessary qualifications for filing under Chapter [Chapter Number] bankruptcy, as prescribed in the Bankruptcy Code [cite relevant code section(s)]. This may include exceeding allowable debt limits, failing to meet residency requirements, or being ineligible due to previous bankruptcy filings within a certain timeframe. 2. Failure to Comply with Filing Procedures: The debtor has not appropriately followed the prescribed filing procedures set forth by the Bankruptcy Code and this court's local rules. This non-compliance may include: a. Incomplete or Incorrect Forms: The petitioner failed to submit all required bankruptcy forms, schedules, statements, or disclosure documents that provide an accurate and comprehensive overview of their financial situation. b. Insufficient Disclosure of Financial Information: The debtor has not provided all necessary financial information, or the information provided is inaccurate, incomplete, or misleading, hindering the court's ability to evaluate the debtor's financial circumstances effectively. 3. Substantial Abuse or Bad Faith Filing: The Chapter [Chapter Number] bankruptcy petition filed by the debtor appears to be an abuse of the bankruptcy system or a bad faith filing. Factors indicating such abuse or bad faith may include, but are not limited to: a. Serial Bankruptcy Filing: The debtor has a history of repetitive bankruptcy filings, suggesting an abuse of the system for personal gain or to manipulate creditors. b. Concealment of Assets or Income: The debtor has deliberately failed to disclose known assets or income during the bankruptcy process, demonstrating a lack of candor and good faith in dealings with the court. c. Disregard for Court Orders or Rules: The debtor has shown a pattern of willful non-compliance with court orders, attempts to delay or frustrate the proceedings, or intentionally frustrates creditor efforts to recover their legally owed debts. Based on the aforementioned reasons, I respectfully request that the court grant the motion to dismiss the Chapter [Chapter Number] bankruptcy petition. Should dismissal of the case be deemed appropriate, I further request that the dismissal be without prejudice, enabling the debtor to refile their bankruptcy petition if they are able to address the deficiencies outlined herein. I have served a copy of this motion to dismiss on all parties involved in this bankruptcy case, including the debtor and their attorney, as required by court rule [cite relevant code section]. Thank you for your attention to this matter. I am available to provide any further information or documentation necessary for the court's review. Sincerely, [Your Name] [Your Title/Role, if applicable]
Rhode Island Sample Letter for Motion to Dismiss in Referenced Bankruptcy
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FAQ
Early on, Chapter 13 and Chapter 7 cases may be dismissed for similar reasons, almost all of them procedural: Failure to pay the court filing fee; improper preparation for, or failure to attend, the meeting of creditors; failure to attend the required financial management course; failure to file all required bankruptcy ...
Dismissal of a Bankruptcy Case ? Dismissal ordinarily means that the court stopped all proceedings in the main bankruptcy case AND in all adversary proceedings, and a discharge order was not entered. Dismissal can occur because a debtor requested the dismissal and qualifies for voluntary dismissal.
The Court may adjourn the hearing without setting a future date and may also order the Trustee to be discharged with the rights of creditors to be reinstated. This leaves the debtor as an undischarged bankrupt without protection from creditors.
To be discharged from bankruptcy means that you are released from all obligations to repay debts included in your bankruptcy filing. A full and complete discharge is the primary advantage of filing bankruptcy when an insolvent person seeks relief under the Bankruptcy and Insolvency Act.
Absolute discharge?The bankrupt is released from the legal obligation to repay debts that existed on the day the bankruptcy was filed, with the exception of certain types of debt. Conditional discharge?The bankrupt must meet certain conditions to obtain an absolute discharge.
X, Rule 7 of the Rhode Island Supreme Court Rules Governing Electronic Filing, Eevery pleading, written motion, and other paper of a party represented by an attorney shall be personally signed by at least one (1) attorney of record in the attorney's individual name and shall state the attorney's, whose address, email ...
You will be automatically discharged (without having to make a court application) 9 months after filing for bankruptcy if: ° this is your first bankruptcy; ° your discharge is not opposed by your trustee, your creditors, or the Office of the Superintendent of Bankruptcy; ° you have gone to counselling sessions; ° your ...
