Local Bankruptcy Rules – Western District Of Oklahoma

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PART VII. ADVERSARY PROCEEDINGS

RULE 7041-1 DISMISSAL OF ADVERSARY PROCEEDINGS

A. Dormancy. Any adversary proceeding or contested matter which has been pending without action for more than ninety (90) days may be deemed dormant unless it is under submission.

B. Disposition Docket. Periodically, the assigned courtroom deputy shall prepare a schedule of all dormant matters. Upon direction of the Court, the assigned courtroom deputy will notice all dormant matters for a disposition docket. The assigned courtroom deputy must give no less than twenty-one (21) days’ notice by mail of the hearing to all parties and their counsel of record.

C. Disposition of Dormant Matters. If the party or counsel of record fails to appear at such hearing or otherwise fails to show good cause why the dormant matter should not be dismissed or stricken, or fails to submit an order acceptable to the Court disposing of the matter at or prior to the hearing, the Court may dismiss or strike the dormant matter, or otherwise dispose of it with or without prejudice. Reopening or reassertion of the matter after disposition may be conditioned upon such terms as the Court may determine.

D. Status of Adversary When Case Dismissed. Any adversary proceeding in which a final judgment has not been entered is deemed dismissed, without prejudice and without further order of the Court, upon dismissal of the case under which it pends, except as provided by an order of the Court. However, as to proceedings which have been removed from other courts to the bankruptcy court, dismissal of such proceeding shall not be deemed effective until twenty (20) days after dismissal of the case in order to provide time for the proceeding to be remanded to the court from which it was removed.