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Bankr. S.D. Fla. Local Rule 1017-1 — Dismissing a Case; Suspending Proceedings; Converting a Case to Another Chapter – In General: the court's own rule, verbatim from Amended and Restated Local Rules of Practice and Procedure for the United States Bankruptcy Court for the Southern District of Florida (Effective June 1, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Southern District of Florida alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.
(a) Dismissal on the Court’s Own Initiative. (1) With Prior Notice After Opportunity to Cure. If the clerk has given a debtor prior notice that its case may be dismissed for failure to cure any of the following deficiencies and an opportunity to cure these deficiencies, then the court may dismiss a voluntary chapter 7, 11, 12, or 13 case without further notice or a hearing after expiration of the cure deadline, for: (A) failure to file a chapter 13 plan; or (B) failure to file a pre-bankruptcy certification of credit counseling under § 109(h). (2) With Prior Notice, but No Opportunity to Cure. If the clerk has given a debtor prior notice that its case may be dismissed for any of the following reasons, then the court may dismiss a voluntary chapter 7, 11, 12, or 13 case without further notice or a hearing, and no opportunity to cure, for: (A) (i) failure to timely pay the filing fee in installments (after being granted permission to do so) or any other fee due from the debtor (including fees due upon conversion of a case); (ii) denial of a chapter 7 fee waiver application; or (iii) revocation of an order permitting waiver of the chapter 7 filing fee; (B) failure to appear at the § 341 meeting of creditors; (C) failure to commence making chapter 13 plan payments within 30 days of the petition date or date of conversion to chapter 13; (D) failure to remain current on chapter 13 plan payments as of the time of the § 341 meeting of creditors; or (E) denial of confirmation of a chapter 13 plan and denial of a request for additional time to file an amended plan. (b) Dismissal Upon Motion or Request of United States Trustee. If the clerk has given a debtor prior notice that its case may be dismissed for failure to cure any of the following deficiencies and an opportunity to cure these deficiencies, then the court may dismiss a voluntary chapter 7, 11, or 13 case upon motion or request of the United States trustee (or its delegee) under §§ 707(a)(3), 1112(e), 1307(c)(9), or 1307(c)(10), without further notice or a hearing after expiration of the cure deadline, for: (1) failure to file, within 15 days or such additional time as the court may allow after the filing of the petition, the information required by § 521(a)(1); or (2) failure to file, within 15 days or such additional time as the court may allow after the filing of the petition, the information required by § 521(a)(2). (c) Dismissal Upon Request of Chapter 13 Trustee. (1) Dismissal at the § 341 Meeting of Creditors. If a chapter 13 debtor is not current on their payments required under § 1326 by the time of the § 341 meeting of creditors, the chapter 13 case may be dismissed without further notice or hearing upon the chapter 13 trustee filing by virtual docket entry the Trustee’s Request for Entry of Order Dismissing Case. (2) Post-Confirmation Dismissal for Payment Delinquency. (A) Notice of Delinquency. If a chapter 13 debtor fails to timely make any payment under a confirmed chapter 13 plan, the chapter 13 trustee may serve a notice of delinquency on the debtor and the debtor’s attorney. (B) Curing a Delinquency. A debtor may cure any delinquency by making all past-due payments under the plan within 45 days after service of a notice of delinquency (including making any payments that become due within the 45-day period). (C) Failure to Cure. A chapter 13 case may be dismissed without further notice or hearing upon the chapter 13 trustee filing a report of noncompliance based on a debtor’s failure to cure a delinquency and remain current on the plan by the 45th day after service of the notice of delinquency. (d) Dismissal for Failure to Provide Tax Return. The court will dismiss a case under § 521(e)(2)(B) only upon motion and after a hearing on notice to the debtor. (e) Fees Outstanding at Time of Dismissal. All unpaid fees owed to the clerk – either under 28 U.S.C. § 1930 or any court order – remain due and owing upon dismissal of a case. (f) Deadline in Reinstated Case to File a Motion to Dismiss or Serve a Notice of Hearing Under Bankruptcy Rule 1017(e). If a case is dismissed before expiration of the deadline to file a motion to dismiss under Bankruptcy Rule 1017(e)(2) or to serve a notice of a hearing on the court’s own motion under Bankruptcy Rule 1017(e)(3), and then reinstated, the new deadlines are: (1) in a case dismissed before the date first set for the § 341 meeting of creditors, 60 days after the rescheduled § 341 meeting of creditors; and (2) in a case dismissed after the date first set for the § 341 meeting of creditors, 60 days after entry of the order reinstating the case.
(a) Dismissal on the Court’s Own Initiative. (1) With Prior Notice After Opportunity to Cure. If the clerk has given a debtor prior notice that its case may be dismissed for failure to cure any of the following deficiencies and an opportunity to cure these deficiencies, then the