In re Malek

Debtor commenced this chapter 13 case by filing a voluntary petition on November 28, 2017. 2 Debtor's chapter 13 plan remains unconfirmed despite the passage of nine months. Consequently, on June 27, 2018, Devin Derham-Burk, chapter 13 trustee (the "Trustee"), filed her Motion to Dismiss ("Motion") for unreasonable delay.

Debtor filed an opposition ("Opposition") to the Motion. 3 Debtor's main argument is that the Trustee's method of noticing this case for dismissal is improper and deprived her of due process. In particular, Debtor argues that Bankruptcy Rule 1017(a) requires that an actual hearing be scheduled for each motion to dismiss. The Local Rules do not require an actual hearing be scheduled unless a party objects. Debtor in fact objected to the Motion, so she got both an opportunity to respond and a hearing. Aside from this due process argument, Debtor makes no serious effort in the extensive Opposition to explain why her plan remains unconfirmed.

Because I determine that Debtor received adequate notice and find cause to dismiss the case, I GRANT the motion to dismiss.

I. BACKGROUND

Debtor filed this case and a chapter 13 plan ("Plan") on November 28, 2017. The Plan…