QUESTION
If you want to dismiss a bankruptcy case (ch 7) can a trustee force you to continue with case?
Asked on Aug 28th, 2011 on Bankruptcy - Tennessee
More details to this question:
Was going to file ch 7, trustee wanted me to sell home to pay off creditors. Wanted to dismiss ch 7 but was told I couldnt, and would have to sell home or file chapter 13
1 ANSWER
William/J Joanis
A debtor cannot voluntarily dismiss a chapter 7 case. Your options appear to have been correctly stated, either sell the house, or convert to chapter 13 and pay the value of the house over time to your creditors, or the total of their claims, whichever is lower. You should ask your lawyer about this. Perhaps there is a way to adjust your exemptions or negotiate a settlement with the trustee.
Answered on Aug 28th, 2011 at 12:51 PM