How do I withdraw a bankruptcy petition that has a case number? - Bankruptcy Law Questions and Answers- LawQA.com

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How do I withdraw a bankruptcy petition that has a case number?

Do I need a form before going down to the court clerk?

Answer By Diane L. Drain
Law Office of D.L. Drain, P.A.
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The following applies in Arizona. In a chapter 7 once you filed the bankruptcy you do not get out without a court order. In a chapter 13 just file a notice of dismissal of case. Normally, the court will follow through. There are very rare occasions when a chapter 13 will not be dismissed due to bad faith.

Answer Applies to: Arizona
Replied: 10/12/2012

R. Jason de Groot, P.A
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You cannot just withdraw a bankruptcy petition. There is no form that can magically make a bankruptcy petition get dismissed, you have to file a motion and have a hearing in front of the bankruptcy judge.

Answer Applies to: Florida
Replied: 10/11/2012

LAW OFFICE OF MARGARET L. EVANS, PC
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- you can't voluntarily dismiss a Chapter 7 case, only a Chapter 13 case.

Answer Applies to: South Carolina
Replied: 10/11/2012

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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You need a motion to dismiss your case. The clerk can not do that, only the judge.

Answer Applies to: California
Replied: 10/11/2012

Answer By Kevin Bruning
Bruning & Associates, PC
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If you have filed for bankruptcy and the case is still active, you need to file a motion to dismiss the bankruptcy. However, this can be difficult to do, particularly if you filed for a chapter 7 bankruptcy. You should probably consult a bankruptcy attorney to see if it is possible to dismiss your bankruptcy case.

Answer Applies to: Illinois
Replied: 10/11/2012

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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You can make a motion to withdraw, but it depends whether you filed a chapter 7 or a chapter 13.

Answer Applies to: New York
Replied: 10/11/2012

Law Office of Norman Moore
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If your bankruptcy is a 7 you must file a motion, with notice, and have a hearing. If your bankruptcy is a 13 (unless it was converted from a 7) you may dismiss at any time.

Answer Applies to: Wisconsin
Replied: 10/10/2012

Answer By Scott Needleman

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I would suggest you seek legal counsel. My name is Scott Needleman, founder of The Needleman Law Office, www.srneedleman.com or www. thecolumbusbankruptcylawyer.com. There is no fee for the initial consultation. It seems you need professional assistance to either save what you have already started or dismiss it appropriately and possibly refile.

Answer Applies to: Ohio
Replied: 10/10/2012

Answer By Bill Bidwell

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If you live in the Detroit/Flint area, you are in the Eastern District. Google bankruptcy court eastern district of Michigan.Otherwise, you are in the Western District. The website should list all forms. You would need to file a Motion To Dismiss and provide a reason for wanting to dismiss (withdraw) the case.

Answer Applies to: Michigan
Replied: 10/10/2012

Answer By Eric Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis
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Depends on the reason. Generally, you cannot withdraw a petition once it is filed.

Answer Applies to: Indiana
Replied: 10/10/2012

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