QUESTION

Can I stop my chapter 7 bankruptcy? How?

Asked on May 28th, 2015 on Bankruptcy - Colorado
More details to this question:
I have too many assets that I do not want to be liquidated and I do not want to, or simply cannot, fulfill many of the requirements of my bankruptcy? Can I stop it? I filed on my own, but will a lawyer be able to stop it for me? Thank you.
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6 ANSWERS

It's hard to say. It's like asking a doctor about an ex-ray via email without the doctor being able to look at the ex-ray. Pay and meet with an experienced BK lawyer. He can review your entire file with the BK court online, from his or her office, while meeting with you. The sooner the better!
Answered on Jun 03rd, 2015 at 7:58 PM

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Deborah F. Bowinski
You just learned a very good, but probably very hard lesson about why hiring lawyers to help one with legal issues and proceedings is a really good idea. You should consult with an experienced bankruptcy lawyer immediately. It is unlikely that they will be able to get your case dismissed - there is no "right" to dismiss a chapter 7 case once it has been filed. An experienced and knowledgeable lawyer might well be able to convert your case to a chapter 13 where you might not have to lose your assets. Additionally, an experienced lawyer might find some applicable exemptions to claim and apply that you may have missed. Don't delay.
Answered on Jun 03rd, 2015 at 7:58 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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There is no mechanism for stopping a Ch 7. You have the right to convert to a Ch 13, which would protect your assets. Or you can try just skipping the creditors meeting, usually that will result in your case being dismissed.
Answered on Jun 03rd, 2015 at 7:58 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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It is extremely unlikely that a bankruptcy judge will agree to order a dismissal of your chapter 7 case, especially as you have assets that the trustee can sell to pay your creditors. Filing a Chapter 7 is like stepping off a cliff and filling without an attorney is like doing this with a blindfold on. My best suggestion is to consider whether you can convert to a Chapter 13 to avoid losing the property. But I would not be interested in working with your case, sorry! Too late for me to offer you any meaningful help. e.
Answered on Jun 03rd, 2015 at 7:58 PM

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The general belief among lawyers is that it is nearly impossible to dismiss a Chapter 7 voluntarily. However I have done so both times I tried although the debtors were in a position to pay virtually 100% of the claims. A lawyer can help, if anyone can. He or she should be experienced in bankruptcy. We all have 20-20 hindsight, but I bet you wish you had consulted a lawyer before you filed your Ch. 7. Your lawyer may advise you to convert to a Ch. 13. There are lots of important details to consider, and both merits and disadvantages to such a course, so you should discuss it in depth with someone who can take the time to seek out all the facts. Good Luck.
Answered on Jun 03rd, 2015 at 7:58 PM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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Depends what stage you are at in the case or whether the court will allow a dismissal. Don't propound the crazy decision of moving forward without representation thinking you can skate by on your own wits by not getting one either. I admit it may be difficult to get an attorney involved at this stage as many attorneys don't want to step into existing cases. We're partly paid to do representation yes but the other part, the part that can be most valuable in certain situations is evaluating a potential cases, doing perfectly legal upfront BK planning and determining whether to file or seek other alternatives and if to file then WHEN as timing can make a big difference. Once you've pressed the BK button when you shouldn't have you're on the defensive attempting damage control. Perhaps if you can't get a dismissal, in your particular situation you can convert to a chapter 13. Get an attorney as soon as possible.
Answered on Jun 03rd, 2015 at 7:58 PM

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