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Pleadings Filed in Closed or Dismissed Cases

Fri, 02/03/2006 - 4:00am

It has come to my attention that pleadings are sometimes being filed in dismissed cases pending a motion to reconsider. In order to promote consistency and lessen confusion for parties in interest, pleadings should not be filed in a dismissed case. Many pleadings, such as an amended plan or other type of motion and notice, may trigger a response from other parties which may be premature if reconsideration is not granted. If you feel that you need to amend a schedule or file a pleading in relation to your motion to reconsider, you may submit a copy directly to the Trustee for review or append it as an exhibit to your motion to reconsider. If you file the related pleading as a separate docket entry in a dismissed case, it will be stricken from the docket. Please adhere to this policy to avoid having to file pleadings twice in the event your motion is granted.

The same procedure will be adhered to with respect to pleadings filed in closed cases, even in instances where a motion to reopen has been filed, unless an exception has been made (e.g. SC LBR 4003-1(c), Motions to Avoid Lien).