Obtain a motion to dismiss form from the bankruptcy court clerk. The bankruptcy court clerk maintains basic forms necessary to start, maintain and even dismiss a bankruptcy case.
Complete the motion form. The document is not complex. You insert the basic information about your case--case caption and case number. Set forth the specific reason for seeking a dismissal in the space provided.
File the motion with the bankruptcy court clerk.
Send a copy of the motion to all creditors.
Deliver a copy of the motion to the Chapter 13 bankruptcy trustee assigned to your case. The trustee is the court official who oversees your case on a day-to-day basis.
Obtain the hearing date set by the court on your motion. The bankruptcy court clerk provides this information. Provided there are no objections to the dismissal, the court will dismiss your case on the date set for the hearing on your motion. If there are objections, those concerns will be brought before the court on the date of the hearing. The court decides whether the objections have merit and renders a decision to continue or cancel your case accordingly.
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