Rule 1017 — Dismissing a Case; Suspending Proceedings; Converting a Case to Another Chapter

Fed. R. Bankr. P. 1017

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 1017
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 1017

Text

(a) DISMISSING A CASE—IN GENERAL. Except as provided in
§707(a)(3), 707(b), 1208(b), or 1307(b), or in Rule 1017(b), (c), or (e),
the court must conduct a hearing on notice under Rule 2002 before
dismissing a case on the petitioner’s motion, for want of prosecu-
tion or other cause, or by the parties’ consent. For the purpose of
the notice, a debtor who has not already filed a list of creditors
and their addresses must do so before the deadline set by the
court. If the debtor fails to timely file the list, the court may
order the debtor or another entity to do so.
(b) DISMISSING A CASE FOR FAILURE TO PAY AN INSTALLMENT TO-
WARD THE FILING FEE. If the debtor fails to pay any installment
toward the filing fee, the court may dismiss the case after a hear-
ing on notice to the debtor and trustee. If the court dismisses or
closes the case without full payment of the filing fee, previous in-
stallment payments must be distributed as if full payment had
been made.
(c) DISMISSING A VOLUNTARY CHAPTER 7 OR CHAPTER 13CASE FOR
FAILURE TO FILE A DOCUMENT ON TIME. On motion of the United
States trustee, the court may dismiss a voluntary Chapter 7 case
under §707(a)(3), or a Chapter 13 case under §1307(c)(9), for a failure
to timely file the information required by §521(a)(1). But the court
may do so only after a hearing on notice served by the United
States trustee on the debtor, trustee, and any other entity as the
court orders.
(d) DISMISSING A CASE OR SUSPENDING PROCEEDINGS UNDER §305.
The court may dismiss a case or suspend proceedings under §305
only after a hearing on notice under Rule 2002(a).
(e) DISMISSING AN INDIVIDUAL DEBTOR’S CHAPTER 7 CASE FOR
ABUSEORCONVERTINGITTOCHAPTER11 OR13.
(1) In General. On motion under §707(b), the court may dis-
miss an individual debtor’s Chapter 7 case for abuse or, with

the debtor’s consent, convert it to Chapter 11 or 13. The court
may do so only after a hearing on notice to:
• the debtor;
• the trustee;
• the United States trustee; and
• any other entity as the court orders.
(2) Time to File a Motion; Content. Except as §704(b)(2) pro-
vides otherwise, a motion to dismiss a case for abuse under
§707(b) or (c) must be filed within 60 days after the first date
set for the meeting of creditors under §341(a). On request made
within the 60-day period, the court may, for cause, extend the
time to file. The motion must:
(A) set forth all matters to be considered at the hearing;
and
(B) if made under §707(b)(1) and (3), state with particular-
ity the circumstances alleged to constitute abuse.
(3) Hearing on the Court’s Own Motion; Serving Notice. If the
hearing is set on the court’s own motion, the clerk must serve
notice on the debtor within 60 days after the first date set for
the meeting of creditors under §341(a). The notice must set
forth all matters to be considered at the hearing.
(f) PROCEDURES FOR DISMISSING, SUSPENDING, OR CONVERTING A
CASE.
(1) In General. Rule 9014 governs a proceeding to dismiss or
suspend a case or to convert it to another chapter—except
under §706(a), 1112(a), 1208(a) or (b), or 1307(a) or (b).
(2) Cases Requiring a Motion. Dismissing or converting a case
under §706(a), 1112(a), 1208(b), or 1307(b) requires a motion filed
and served as required by Rule 9013.
(3) Conversion in a Chapter 12 or 13 Case. If the debtor files a
conversion notice under §1208(a) or §1307(a), the case will be
converted without court order. The notice date becomes the
date of the conversion order in applying §348(c) or Rule 1019.
The clerk must promptly send a copy of the notice to the
United States trustee.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 2, 2024, eff. Dec. 1, 2024.)