QUESTION
Can I cancel a chapter 13 before it goes in front of a judge.
Asked on Feb 14th, 2013 on Bankruptcy - Delaware
More details to this question:
I have gone to the creditors hearing and am waiting for the court hearing in front of the Judge in April. I've. decided to not continue this chapter 13 and sell my house and pay my creditors. My Attorney waits to drop the 13 and file a Chapter 7 . Then the Easier Will sell my home and pay the creditors.It seems I can do the same thing but without the extra cost. What do you hink? I live in Pittsburgh Pa. I can't. get the state I need.
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
You can't cancel any bankruptcy case. You can, however, dismiss a Chapter 13 case--in most instances--at any time. Doing so will remove the protection of the automatic stay and allow your creditors to continue collection efforts. This of course includes any lenders foreclosing on your property. Without knowing all the facts and circumstances surrounding your case, including your assets, debts, income and expenses it's impossible to advise whether a Chapter 7 would be a preferable option for you.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
Answered on Feb 14th, 2013 at 7:22 PM