Can I have my case dismissed after filing?

[tlk9]

Can I have a ch.7 case dismissed as I want to try and pay my debts,but do I have to wait for another 8 years to file if I am not successful in getting ahead of my debt(I want to try negotiating with ccs ) or can I file next year,I have already filed and am waiting on my 341 hearing under the old laws, Also I have a rental property that is worth about 53k and I owe 38k ,Will the trustee take it for sure? thanks for all the help...

[FoolAndHisMoney]

Can I have a ch.7 case dismissed as I want to try and pay my debts,but do I have to wait for another 8 years to file if I am not successful in getting ahead of my debt(I want to try negotiating with ccs ) or can I file next year,I have already filed and am waiting on my 341 hearing under the old laws, Also I have a rental property that is worth about 53k and I owe 38k ,Will the trustee take it for sure? thanks for all the help...

I think it's 8 years after a discharge and that is probably only after you file under new law. I guess if you just don't show up at the 341 then you will be dismissed and the bankruptcy filing will be on your credit report. Filing, then dismissing is actually one of the things that the new law is trying to discourage. It looks to the courts like you are just filing to buy time by taking advantage of the automatic stay and then intentionally getting your case dismissed. It looks like bad faith filing even if you have a pretty good reason for it. If you dismiss now and decide to file in less then a year they will limit the automatic stay. Bkfiler left a link here where the judges explain it in detail.

[StaciMM]

Failing to appear at the 341 will get the BK dismissed, and the 8 year rule would not apply since the BK was not discharged. It will still show on your credit, though, that you filed BK. (The 8 years is not just new filers though. If someone filed in 8/00 and was discharged from it, they would not be able to file again until 08/08.)

Something that may be good, or may be bad, is that the accounts that have already been updated to show closed due to BK will likely not go back to being open. The creditors will be able to start sending statements, charging fees, etc. again. I wouldn't be surprised, though, if some do not.

If you follow thru, I think its a good possibility that the rental property will be lost. You can probably only claim a homestead exemption for a property you live in, so unless you have a large wild card to exempt the equity, don't count on keeping it.