Personal Bankruptcy Stopping my Chapter 7

[we5moores]

I am currently in the process of a Chapter 7...I have gone to my court date, and am awaiting my discharge.

I would like to revoke or stop by Chapter 7 bankruptcy. Does anyone know how I can do this? I filed without an attorney.

Thanks,
Jenn

 

[army judge]

I am currently in the process of a Chapter 7...I have gone to my court date, and am awaiting my discharge.

I would like to revoke or stop by Chapter 7 bankruptcy. Does anyone know how I can do this? I filed without an attorney.

Thanks,
Jenn

Why do you wish to withdraw your bankruptcy?

What date has been set for your discharge hearing?


_______________________________________________________

The legal term is "to withdraw" a bankruptcy, or in your case a Chapter 7.

You file a Motion to Dismiss your BK with the Bankruptcy Court.

Before you do that, it would be wise to consult with an attorney.

I know you're going "pro se", but you need to understand more than the mechanics of the petition to withdraw.

Getting your BK dismissed is not easy as it sounds.

Once your case is filed it stays on your credit report for 10 years, regardless if your withdraw prior to Discharge.

The trustee or creditors can object to a dismissal if they believe their interests will be harmed by the dismissal.

That is why a hearing is scheduled after you've filed for dismissal.

Normally, no one objects or shows up at the dismissal hearing.

You're granted the dismissal, and if that is what you want; you're probably happy.



The purpose of the hearing is addressed by the following example.

If, for example, you inherited $100,000 the day after you brought your bankruptcy case, the trustee (or any creditor) could object to your attempted dismissal.

Maybe, you won the lottery for $100,000, or any other substantial money or asset you suddenly came to own.

The trustee (or a creditor) might fear a dismissal in my example, because a debtor could spend (or hide) the $100,000 (or the asset), and then come back and try to bring another bankruptcy after the funds (or asset) had been hidden or transferred to another person.

There are other ways to have your case thrown out, resulting in the same effect a dismissal would yield.

If you were allowed to file by paying a partial fee, then not paying the rest of the fee by the deadline results in your case being dismissed by the court.

If you fail to provide the case matrix or financial statement by the deadline. Your case will also be dismissed.

You can file for a conversion of your case to a chapter 13. There is a delay in that process, and a qualification period. Assuming you qualify for "13" your "7" will be dismissed if your request for conversion is granted.