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    Which bankruptcy is easier to be dismissed? Chapter 13 or 7

    What about the lawsuits I am having, do the court take it over, or unless there is a trustee.
    Thanks a bunch in advance!

    email: xxxxxx
    Last edited by Flamingo; 02-17-2010, 03:28 AM. Reason: Email link removed; OP please do not post personal links in postings

    #2
    Originally posted by bankruptcyme View Post
    Which bankruptcy is easier to be dismissed? Chapter 13 or 7

    What about the lawsuits I am having, do the court take it over, or unless there is a trustee.
    Thanks a bunch in advance!

    email: xxxxxx
    You have an absolute right to dismiss a Chapter 13 (unless it was converted from the 7). A Chapter 7 needs court approval to be dismissed, if you have assets that can be liquidated the court very well may deny you.
    Last edited by Flamingo; 02-17-2010, 03:29 AM. Reason: Email link removed
    Filed CH13 - 06/2009
    Confirmed - 01/2010

    Comment


      #3
      Do you mean "discharged", rather than dismissed??
      You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

      Comment


        #4
        Originally posted by bankruptcyme View Post
        Which bankruptcy is easier to be dismissed? Chapter 13 or 7
        First let's make sure that you really mean dismissed. Dismissed means that your bankruptcy is stopped before its successful finish. Your debts all return - nothing is changed from before you filed except now the creditors can stack on late fees and penalties for all the payments you missed during the filing.

        Discharged means that you successfully completed your bankruptcy with all unsecured debts gone.

        If you did mean dismissed and want to know if you yourself can ask for the bankruptcy to be voluntarily dismissed, this is only possible in Ch 13.

        If you want to dismiss a filed Ch 7, you must ask the court for permission. As Forgotten already said, the court may say yes or may say no.

        What about the lawsuits I am having, do the court take it over, or unless there is a trustee.
        Do your lawsuits already have court judgments or are the lawsuits just filed with no decision yet?
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          Chapter 13 questions on lawsuits & eviction

          I have ongoing lawsuits, I can continue the lawsuits unless the court appointed me a trustee?

          Also, I was told it is better to file bankruptcy after I lost my court trial on unlawful detainer, filed BK when the sheriff posted the eviction notice, I have 5 days to file. Please answer is it better to postpone the trial or file later.

          I preferred dismissal, all debts are not discharged. Because all my debts and judgments will become more later.

          Comment


            #6
            Originally posted by krielly View Post
            Do you mean "discharged", rather than dismissed??
            I want dismissed, so I can file again later when I have more judgments and debts.

            I have 4 judgments and about 5 more lawsuits. So it is good to have all lawsuits finished trials.

            Comment


              #7
              Sounds like you need to open the phone book and talk to a BK attorney for your area. Many will do a consultation at no cost (mine did it on the phone)and you would get a better idea of what challenges your situation faces.

              Especially because you mentioned needing to file right away.
              8-07-09-filed Chapter 7
              11-18-09-DISCHARGED!!

              Life is not what challenges you face, but how you face those challenges.

              Comment


                #8
                Yes, your questions would be better answered by an attorney in your area that you can meet with and discuss your options.
                Filed CH13 - 06/2009
                Confirmed - 01/2010

                Comment


                  #9
                  Bankruptcy will stop most lawsuits I believe - you should not have to wait for trials to be completed - but I am not a lawyer. You should see one - usually the first consult is free.
                  Filed Ch 7 -- July 9, 2008
                  341 mtg ---- August 14, 2008
                  Discharged ---- October 17, 2008
                  Closed --------- December 11, 2009!

                  Comment

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