Rhode Island Sample Letter for Motion to Dismiss in Referenced Bankruptcy

• Category: Letters - Legal - Motions
• State: Multi-State
• Control #: US-0114LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [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]

[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]