QUESTION
If I start to file a chapter 13, then after my husband died decided to change it to a chapter 7, can I still have a dismissal?
Asked on Nov 05th, 2012 on Bankruptcy - Arizona
More details to this question:
I have recieved life insurance money and want to just pay off my debt.
10 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You will have to speak with your attorney about this and if you do not have one, get one.
Answered on Jun 18th, 2013 at 10:06 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
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Yes you can.
Answered on Jun 13th, 2013 at 1:10 AM
Contact your attorney and tell him what you want to do. If you don't have one, contact the Trustee and see what he has to say. You may want to consider the fact that the Trustee can take some of the money and pay the debts for you. That way you get your discharge and no one can come back later and claim you owe them more. Just a thought.
Answered on Nov 07th, 2012 at 9:16 PM
Bankruptcy Law Business Attorney serving Asheville, NC
Partner at
Pitts, Hay & Hugenschmidt, PA
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Once the case is converted to Chapter7, you can no longer dismiss it without the permission of the court.
Answered on Nov 07th, 2012 at 9:16 PM
Daniel James Wilson
You really need to talk to an attorney. The life insurance proceeds may be exempt. If so, why not finish the Ch 7 and discharge your debts? Its difficult to dismiss a Ch 7.
Answered on Nov 07th, 2012 at 9:16 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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The life insurance proceeds automatically become the property of the bankruptcy estate (if you, the debtor, are the beneficiary of those proceeds) and are currently in a bankruptcy case.
Answered on Nov 07th, 2012 at 9:16 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes but whether that is wise is a different question.
Answered on Nov 07th, 2012 at 9:15 PM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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You will need to file a motion to dismiss. This is not an automatic right in a Chapter 7 case. Talk with a Bankruptcy attorney before you make any decision regarding dismissing your case.
Answered on Nov 07th, 2012 at 9:15 PM
Glen Edward Ashman
Hopefully you did not convert to a 7. Discuss this with your lawyer.
Answered on Nov 06th, 2012 at 11:18 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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I cannot tell from your e-mail if you have converted to a 7, or thinking of doing so. Normally you can dismiss the 13 without any problems. But, you cannot dismiss the chapter 7 without a court order. Talk to a competent bankruptcy attorney before moving forward.
Answered on Nov 06th, 2012 at 10:31 PM