Fed. R. Bankr. P. 1017

(a) D ISMISSING A CASE—I N 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 prosecution 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 TOWARD THE FILING FEE. If the debtor fails to pay any installment

toward the filing fee, the court may dismiss the case after a hearing on notice to the debtor and trustee. If the court dismisses or

closes the case without full payment of the filing fee, previous installment 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) D ISMISSING AN INDIVIDUAL DEBTOR’S CHAPTER 7 C ASE FOR

ABUSE OR CONVERTING ITT O CHAPTER 11 OR 13.

(1) In General. On motion under § 707(b), the court may dismiss an individual debtor’s Chapter 7 case for abuse or, with

13 Rule 1018 FEDERAL RULES OF BANKRUPTCY PROCEDURE

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) provides 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 particularity 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) P ROCEDURES FOR DISMISSING, S USPENDING, 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.

(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.)