Motion to Dismiss Bankruptcy Case
(Chapter 11)

Summary

This motion to dismiss a bankruptcy case template is for use in a Chapter 11 bankruptcy case. This template includes practical guidance, drafting notes, and optional clauses. Section 1112(b) of the Bankruptcy Code governs motions to convert or dismiss a Chapter 11 bankruptcy proceeding. It authorizes a party in interest to request dismissal or conversion to Chapter 7 upon motion and for cause. This requires an analysis of whether there is cause to convert or dismiss. Upon the establishment of cause, the court will consider whether to order conversion or dismissal based on the best interest of creditors and the estate (or whether to appoint a Chapter 11 trustee). However, the court has discretion to refuse conversion or dismissal when, among other things, there are unusual circumstances. For a full listing of key content when litigating disputes in bankruptcy cases, see Bankruptcy Litigation Resource Kit. For more information, see Dismissal under Section 1112. For information on conversion, see Converting from Chapter 11 to Chapter 7. For information on changing control of a debtor in a Chapter 11 case, see Management in Chapter 11 — Change of Control Mechanisms and Chapter 11 Trustees. For a template motion to appoint a Chapter 11 trustee, see Motion to Appoint a Chapter 11 Trustee. For additional resources, see Conversion and Dismissal Resource Kit.