In re Miell
Jan
11
2011
Ruling
Failure to conduct discovery was not grounds for dismissal of incarcerated debtor's motion to remove chapter 7 trustee.
Procedural posture
A chapter 7 debtor, who was incarcerated, filed a motion to remove the chapter 7 trustee pursuant to 11 U.S.C.S. § 324(a) and a request for stay. The United States Trustee (UST) moved to dismiss the debtor's motion for lack of prosecution pursuant to pursuant to Fed. R. Civ. P. 41(b) (applicable through Fed. R. Bankr. P. 9014(c)). Several creditors, as well as the chapter 7 trustee, joined in the UST's objections to the debtor's motion.
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Court
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