![]() (1), substituted “trustee (or bankruptcy administrator, if any), or” for “but not at the request or suggestion of” and “an abuse” for “a substantial abuse”, inserted “, or, with the debtor’s consent, convert such a case to a case under chapter 11 or 13 of this title,” after “consumer debts”, struck out “There shall be a presumption in favor of granting the relief requested by the debtor.” before “In making”, and added pars. 109–8, § 102(a)(2), designated existing provisions as par. 109–8, § 102(a)(1), substituted “Dismissal of a case or conversion to a case under chapter 11 or 13” for “Dismissal” in section catchline. (i) designation before “if the debtor”, redesignated former cls. 110–438 substituted “testing-” for “testing,” in introductory provisions, inserted cl. 111–327, § 2(a)(25)(B)(ii), substituted “paragraph (2)(A)(i)” for “subparagraph (A)(i) of such paragraph” in introductory provisions.Ģ008-Subsec. 111–320 substituted “section 302 of the Family Violence Prevention and Services Act” for “section 309 of the Family Violence Prevention and Services Act”. 113–295 inserted at end “Such monthly expenses may include, if applicable, contributions to an account of a qualified ABLE program to the extent such contributions are not excess contributions (as described in section 4973(h) of the Internal Revenue Code of 1986) and if the designated beneficiary of such account is a child, stepchild, grandchild, or stepgrandchild of the debtor.”Ģ010-Subsec. In addition, if it is demonstrated that it is reasonable and necessary, the debtor’s monthly expenses may also include an additional allowance for food and clothing of up to 5 percent of the food and clothing categories as specified by the National Standards issued by the Internal Revenue Service.Ģ014-Subsec. The expenses included in the debtor’s monthly expenses described in the preceding sentence shall be kept confidential by the court. In addition, the debtor’s monthly expenses shall include the debtor’s reasonably necessary expenses incurred to maintain the safety of the debtor and the family of the debtor from family violence as identified under section 302 of the Family Violence Prevention and Services Act, or other applicable Federal law. Notwithstanding any other provision of this clause, the monthly expenses of the debtor shall not include any payments for debts. Such expenses shall include reasonably necessary health insurance, disability insurance, and health savings account expenses for the debtor, the spouse of the debtor, or the dependents of the debtor. A motion to dismiss filed by someone other than the chapter 13 trustee is a serious and non-routine matter.The debtor’s monthly expenses shall be the debtor’s applicable monthly expense amounts specified under the National Standards and Local Standards, and the debtor’s actual monthly expenses for the categories specified as Other Necessary Expenses issued by the Internal Revenue Service for the area in which the debtor resides, as in effect on the date of the order for relief, for the debtor, the dependents of the debtor, and the spouse of the debtor in a joint case, if the spouse is not otherwise a dependent. Other parties, including creditors and the bankruptcy administrator, can file motions to dismiss as well. This type of motion to dismiss is the most difficult to resolve. For example, chapter 13 debtors must have filed particular tax returns on a timeline set out by statute. Non-compliance with certain other major bankruptcy code requirements can lead to dismissal. These types of administrative matters are often easily resolved by the debtor and his or her attorney. Particularly in Raleigh chapter 13 cases, motions to dismiss are brought as a means to bring unresolved case administrative matters up for resolution. Sometimes, an arrangement can be worked out to catch-up payments, but missed chapter 13 plan payments are the most common reason chapter 13 cases get dismissed. The most common motion to dismiss is a motion to dismiss for falling behind on plan payments. I would group these trustee motions into three categories: Most motions to dismiss are filed by the Chapter 13 Standing Trustee. While any given motion may be more or less of a concern, such a motion can't be ignored (unless dismissal of the case is desired). Motions to dismiss are used for a number of different sorts of issues, and can filed by a variety of different parties. (However, filing again may be an option.) ![]() Such a motion asks the judge to close the bankruptcy, and the result is no discharge of debts and the debtor is left to resolve debt matters without the assistance of the bankruptcy process. ![]() A motion to dismiss is a common motion in a chapter 13 bankruptcy.
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