does anyone know if I can stop the chapter 7 process after I have been given a date for a 341 and reapply at a later time.
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I believe you can but unfortunately if you have already filed, you can't change that and it will be on your credit reports for 10 years from the date of filing. You probably will also be responsible for filing and attorney's fees, so check with your attorney._________________________________________
Filed 5 Year Chapter 13: April 2002
Early Buy-Out: April 2006
Discharge: August 2006
"A credit card is a snake in your pocket" -
You cannot withdraw the chapter 7 voluntarily (i.e, no questions asked, which incidentally, you can do with a chapter 13), you will need to file a Motion to Dismiss (or at least get the trustee to agree to the dismissal, which can be hit or miss; if the trustee agrees, you would file a Stipulated Order for Dismissal) and generally must provide a good reason for the dismissal. But as Flamingo pointed out, the damage has been done, so you might as well see it through, unless you have good cause for the dismissal.
If the trustee does allow the dismissal, the trustee usually requires as part of the stipulated agreement that you do not refile for at least 6 months.Comment
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This is correct. We attempted to dismiss our Ch. 7 case, and despite what we were told by our attorney, it is not easy. We were also unaware that it is filing Ch. 7 that destroys your credit - regardless of whether the debt is discharged or the case is dismissed the damage has already been done.Originally posted by HHM View PostComment
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