Can the debtor file a motion to dismiss in bankruptcy? - Bankruptcy Law Questions and Answers- LawQA.com

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Can the debtor file a motion to dismiss in bankruptcy?

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?

Theodore N. Stapleton, PC
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Yes but creditors can object. Depends upon whether it is a chapter 7 or 13.

Answer Applies to: Georgia
Replied: 11/9/2011

Answer By Janice Alfred
Alfred Law Firm
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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.

Answer Applies to: Georgia
Replied: 11/6/2011

Answer By James Wingfield
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.

Answer Applies to: Massachusetts
Replied: 11/4/2011

Answer By Bill Zurinskas
Bankruptcy Law Center
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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.

Answer Applies to: Colorado
Replied: 11/4/2011

Answer By David H. Relkin
Law Offices of David H. Relkin
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A Bankruptcy can be dismissed only by Court order. If there is only one creditor and you have settled your matters with him, the Judge should have no issue regarding dismissal. However, it will likely prevent you from filing another Bankruptcy within the specified number of years, depending on the type of Bankruptcy proceeding you should seek in the future. If there are other creditors who oppose dismissal, they can also consent, but notice must be given official under the Bankruptcy Rules.

Answer Applies to: New York
Replied: 11/4/2011

Answer By Paul Stuber
Paul Stuber, Attorney at Law
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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.

Answer Applies to: Colorado
Replied: 11/3/2011

Answer By Tony M. May PC
Tony M. May Attorney At Law
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Yes, there is a method to stop your bankruptcy. In order to stop a Bankruptcy, you have to file a "Petition to Withdraw" and provide the Court with valid reasons for withdrawing the petition. Depending on what type of bankruptcy you chose to pursue (i.e., Chapter 7, 13, or 11), the reasoning for the Petition to Withdraw may be different. However, the Petition to Withdraw must be approved by the Bankruptcy Judge before it is valid and the timing of the Petition is crucial in many situations.

Answer Applies to: Nevada
Replied: 11/3/2011

Answer By Spencer Hale
Jackson White, PC
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You can file it, but it might not be granted.

Answer Applies to: Arizona
Replied: 11/3/2011

Answer By David VanDyke
Bird & VanDyke, Inc.
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Yes. Difficult in a chapter 7 and fairly easy in a chapter 13. If you are requesting dismissal for the reasons you have outline it should be fine. However if you filed your bankruptcy and now you find that the court is attempting to take un-exempt proerpty from you it may not work.

Answer Applies to: California
Replied: 11/3/2011

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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Yes, you can file a motion to dismiss, which will generally be accepted by the courts if you have good reason and if it is in the best interests of the creditors.

Answer Applies to: New York
Replied: 11/3/2011

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