QUESTION

Can I shorten my prejudice time of 180 days if I file for voluntary dismissal before 341 hearing?

Asked on Jan 03rd, 2014 on Bankruptcy - Illinois
More details to this question:
My attorney advised me to file for voluntary dismissal because I want to file for chapter 7 instead.
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8 ANSWERS

Debtor Bankruptcy Attorney serving Middletown, NY
2 Awards
Providing that a Lift Stay Motion is not pending, a voluntary dismissal of your Chapter 13 at the time referenced in your inquiry should not trigger the 109(g) 180 day re-filing bar to a subsequent Chapter 7 filing.
Answered on Jan 08th, 2014 at 12:41 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Why don't you just convert instead?
Answered on Jan 08th, 2014 at 5:04 AM

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Commercial Bankruptcy Attorney serving Davie, FL at Law Office of Jeffrey Solomon
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A chapter 13 can be converted to chapter 7 without filing a new case. There are too many issues that are unclear from your question to provide a full response. Local bankruptcy practice varies, but in South Florida a dismissal of a case would generally be with prejudice for 180 days without a special court order. Since you can convert from chapter 13 to chapter 7, there must be an independent reason why you would dismiss the chapter 13 with the intention of later filing a chapter 7.
Answered on Jan 08th, 2014 at 5:03 AM

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Chapter 7 Bankruptcy Attorney serving Woodland Hills, CA at The Law Offices of Marc Weinberg
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From your question, it appears that you filed a Chapter 13 and now want to file a Chapter 7. You really do not have to dismiss the case. You can (1) file a motion to convert to a Chapter 7; (2) Tell the Chapter 13 Trustee that you will not be able to keep to your proposed plan and see if the Trustee will automatically convert the case; or (3) inform the Trustee that you are not going to appear at the 341 hearing, and the Trustee will either continue the hearing or dismiss it on the spot. If the hearing is continued, failure to appear a second time will cause the case to be dismissed. ?The alternative is is file a motion to dismiss, which is more work for you. The 180 day bar is usually applied to cases that are filed in bad faith. Every jurisdiction has a different approach. What you will have to figure out is, in a Chapter 13, you showed that you have disposable income on Schedule I, and now when you file a Chapter 7, you will have to show that you do not have disposable income. ?You will need to resolve this conflict before you file a Chapter 7. The other issue will be the means test, which I presumed was explained to you.
Answered on Jan 07th, 2014 at 6:45 PM

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Deborah F. Bowinski
Your question is confusing and I'm not sure i understand what you are asking. If you have a lawyer you should follow his or her advice.
Answered on Jan 07th, 2014 at 6:44 PM

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There is not enough information here. I assume you are talking about a Ch 13. First impression, I would convert to a Ch 7, not just dismiss it to refile. But I am sure there are facts and issues for why your attorney would prefer to dismiss as opposed to convert.
Answered on Jan 07th, 2014 at 6:44 PM

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Debt Settlement Attorney serving Chicago, IL at Law Offices of Daniel J. Winter
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This doesn't make sense without more facts. If you want to file Chapter 7, you might be able to convert your Chapter 13 to a 7. But, you need to talk more with your lawyer to see if you are eligible. This cannot be answered here. Call your lawyer, and if you can't get an answer, call another bankruptcy attorney to set up an appointment discuss your options in detail.
Answered on Jan 07th, 2014 at 2:14 PM

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Bankruptcy Attorney serving Chicago, IL
Partner at Porter Law Network
3 Awards
Please review the circumstances with your attorney. You can convert a case from one chapter to another. If you are in a chapter 13 and want to be in chapter 7 you can convert the chapter 13 case to a chapter 7 case. Of course, you need to be properly advised before you convert a case. However, dismissing a case to refile a case is not the only option.
Answered on Jan 07th, 2014 at 2:14 PM

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