QUESTION
Can the debtor file a motion to dismiss in bankruptcy?
Asked on Nov 01st, 2011 on Bankruptcy - California
More details to this question:
Can the debtor file a motion to dismiss if alternative payment arrangements are made with the creditor and does not wish to stay in bankruptcy?
20 ANSWERS
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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Yes but creditors can object. Depends upon whether it is a chapter 7 or 13.
Answered on Nov 09th, 2011 at 12:16 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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Yes, you can always dismiss your bankruptcy case prior to it being discharged. Please be sure that paying the debt and dismissing the case is the best thing for you.
Answered on Nov 07th, 2011 at 9:02 AM
Consumer Bankruptcy Attorney serving Worcester, MA
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Law Offices of James Wingfield
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Any interested party (debtor, creditor, trustee, U.S. Trustee) can file a motion to dismiss any bankruptcy. However, a Ch. 7 debtor has no absolute right to dismiss a case. Generally speaking, a motion to dismiss by a Ch. 7 debtor will not be allowed without consent of the Ch. 7 trustee. A Ch.13 debtor does have the absolute right to voluntarily dismiss her case. The right is based on the Constitutional bar on slavery and involuntary servitude embodied in the 13th Amendment.
Answered on Nov 04th, 2011 at 2:32 PM
Bankruptcy & Debt Attorney serving Longmont, CO
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William Edward Zurinskas
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A debtor in a chapter 13 bankruptcy (if not converted from a chapter7) has the right to dismiss at any time (with a few limited exceptions). Chapter 7 debtors can also file a motion to dismiss, but may be challenged by the trustee if the case is an asset case.
Answered on Nov 04th, 2011 at 2:25 PM
2 Awards
Yes the Debtor can file a motion to dismiss a bankruptcy. We must show a change in circumstance and that the creditors will be better treated because of the dismissal and that no fraud is involved. It sounds like that is your situation.
Answered on Nov 04th, 2011 at 12:02 AM
Spencer Hale
You can file it, but it might not be granted.
Answered on Nov 03rd, 2011 at 9:03 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Debtor can file a motion to dismiss a case. This requires a notice of motion, motion and supporting declaration as to why the case should be dismissed.
Answered on Nov 03rd, 2011 at 8:18 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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In a Chapter 7, generally, no. In a Chapter 13, generally, yes. Depends entirely on the particulars of that situation. May not be advisable.
Answered on Nov 03rd, 2011 at 5:21 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Absolutely. You have an automatic right to dismiss from a chapter 13. You have to file a motion to dismiss in a ch. 7. Usually, the judge will allow the dismissal if there are not a lot of assets that could be liquidated.
Answered on Nov 03rd, 2011 at 5:20 PM
Since it is the debtor who is filing the Bankruptcy petition, the debtor can withdrawal the bankruptcy petition at any time. However, you cannot recover the cost of filing the original bankruptcy petition. If you made the filing on your own, you should contact the U.S. Bankruptcy Court to ask what they require to withdrawal a bankruptcy petition.
Answered on Nov 03rd, 2011 at 3:18 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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The debtor can file a motion to dismiss in a chapter 7 case and it will probably be granted if it is a "no asset" case, meaning that all of your assets are exempt and there is no money or property that a bankruptcy trustee could liquidate for the benefit of your creditors. You have the right to dismiss a chapter 13 case on application.
Answered on Nov 03rd, 2011 at 2:19 PM
Stephen M. Goldfarb
If I understand the question, it seems that you are talking about a chapter 13 plan. If you want to dismiss the plan, it would seem that you could always dismiss the plan.
Answered on Nov 03rd, 2011 at 2:18 PM
Glen Edward Ashman
There is no automatic right to dismiss a chapter 7. A chapter 13 CAN be dismissed. Dismissal of a 7 is in the court's discretion and is a potentially complex question that requires you to have a good lawyer.
Answered on Nov 03rd, 2011 at 2:18 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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Yes... and assuming you have no unprotected assets that the trustee wants to take then the motion to dismiss a Chapter 7 is usually granted with no problems after notice to creditors and the trustee. If a Chapter 13 then you have the right to dismiss the case by simply giving notice of dismissal (although in some areas it requires a motion to dismiss which will be automatically granted).
Answered on Nov 03rd, 2011 at 2:16 PM
If the case originated as a voluntarily petition, the debtor always has a right to file a motion to dismiss the bankruptcy case. However, the motion may be opposed by creditors who feel they are more likely to be repaid should the case continue. A hearing on a motion to dismiss must be noticed to all creditors and parties. You should be aware that, even if dismissed, the bankruptcy filing will show on your credit report, though any debts listed on the petition will not show as discharged which will help your credit rating. Also, you may face some obstacles should you change your mind and decide to go through with a bankruptcy in the next several years. You should consult an attorney to determine the best course of action.
Answered on Nov 03rd, 2011 at 2:15 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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You don't have a "right to dismiss" but can probably sucessfully file a motion if the trustee assisnged to your case consents. The trustee is only going to consent if all of your creditors get as much or more then they would had your case gone forward. Many people get their cases dismissed just by failing to show at their scheduled 341a meeting. However, if you have non-exempt property, the court won't dismiss just because you were a "no show."
Answered on Nov 03rd, 2011 at 1:37 PM
Bankruptcy & Debt Attorney serving Jackson Heights, NY
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Ruiz Law Group PC
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Yes but the Court has to approve the motion to dismiss.
Answered on Nov 03rd, 2011 at 1:37 PM
In a Chapter 13 you may voluntarily dismiss your bankruptcy. In a Chapter 7 it is typically more difficult. You need to explain to the court your reasoning for dismissing your case. It would be wise to consult an attorney to determine the best course of action to take with your particular situation and case.
Answered on Nov 03rd, 2011 at 1:29 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You are the debtor. A creditor can move to dismiss a case on legal grounds. What are they?The creditor not wanting to be in a bankruptcy is too bad for the creditor and does not form a basis for dismissal.
Answered on Nov 03rd, 2011 at 1:29 PM
judith runyon
Yes, if it is a no asset case and the Ch. 7 Trustee agrees.
Answered on Nov 03rd, 2011 at 1:20 PM