United States Bankruptcy Court

for the District of Colorado


Local Bankruptcy Rule 505

Deficient Filings, Removal of Papers, and Deposits to the Registry

(a) Deficient Filings:

(1) "Deficiency" Defined: A case filing shall be deemed to be "deficient" if not made in compliance with, and in the time specified in, the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and these Local Bankruptcy Rules.

(2) Cause For Dismissal: In the event that a case is deficient as defined in subsection (a)(1) of this Rule, such deficiency shall constitute cause for dismissal pursuant to 11 U.S.C. 707(a), 1112(b) & (e), 1208(c)(1), and 1307(c)(1) & (9).

(3) Standing Motion to Dismiss by United States Trustee: The United States Trustee has filed with the court a document entitled "United States Trustee's Standing Motion to Dismiss Deficient Case," which applies to any deficient case filed with the clerk. In the event a deficient voluntary case is filed with the clerk, the clerk shall immediately provide notice of the deficiency and motion to dismiss as follows:

(A) Notice to the debtor and the debtor's attorney shall be prepared and mailed to the addresses shown on the petition.

(B) Notice to the creditors and other interested parties shall be mailed by the clerk to the addresses of the creditors and other interested parties, if any, as shown on the Creditors Mailing Address Matrix provided for in L.B.R. 102(b).

(C) Any party desiring to object to the dismissal of the case may do so by filing an objection and request for hearing in accordance with L.B.R. 202(c).

(4) Dismissal: The deficient voluntary case shall be dismissed unless the deficiency is cured within the time fixed for the filing of objections to the notice of the motion to dismiss, or such other time as may be fixed by the court. If the deficiency is timely cured, the motion to dismiss will be denied.

(b) Removal of Pleadings and Other Papers from Court Files:

(1) No document in the files of the court shall be taken from the office of the clerk or the custody of the court except on court order.

(2) Exhibits marked and offered in evidence in a case may be withdrawn before final judgment only upon court order. After final judgment an exhibit may be withdrawn by the party offering it without court order. If not withdrawn within thirty (30) days after final judgment, and except as otherwise ordered by the court, exhibits may be destroyed or otherwise disposed of as the clerk may determine. As used in the Rule, "final judgment" means a judgment not subject to further appellate review.

(c) Deposits to the Registry: No funds may be deposited to or withdrawn from the registry of the court without a written court order. Such an order shall specify in detail the amounts deposited by or to be paid to any party, and shall state the names and addresses of any person or company to whom funds are to be paid. No money shall be deposited into an interest-bearing account without a specific order so directing. A copy of that order shall be served on the clerk by the party who obtained that order.

Return to Top of Page

Return to Index to Rules

Return to Colorado Bankruptcy Court Home Page: Sites to Visit at the Bankruptcy Court


Developed and maintained by the United States Bankruptcy Court for the District of Colorado.