Help

[slydog1967]

If we voluntarily withdrawl our filing can we re-file again soon or do we have to wait 180 days, I know if it is dismissed by the court we have to wait but what about if we pull out.

[aachudneymiles]

Mite want to call the clerk on that one. Sorry I would think you can do it again now but not sure sorry.

[Hollyhomemaker]

If we voluntarily withdrawl our filing can we re-file again soon or do we have to wait 180 days, I know if it is dismissed by the court we have to wait but what about if we pull out.

I think it is up to the individual judge. I was reading all weekend one BK lawyer's blog online and he was saying that one of his clients wanted to voluntarily withdrawal and the judge wouldnt let him. This BK lawyer has a fantastic blog.

Anyway, the story was that he had 100k in c.c debt and when he filed he didnt know that his mom had put his name on her deed several years ago, so after he filed without telling his mother the trustee found out after doing an asset search on him, and was now going to force the mother to sell her house. The house was worth 250,000. He tried to withdrawal his BK filing, but the judge said no way.

His BK lawyer negotiated with the BK trustee to have the guy pay the trustee half the value for the house $125k and he could still go on with the BK. Now tell me how that worked out for him? And for his poor mother? He filed BK for $100k c.c debt and ends up paying $125k for the house.

So your mileage may vary based on the judge overseeing this as well as the BK trustee. There isn't anyone on here that I think can tell you one way or the other since its up to the BK judge. Good luck!

[slydog1967]

We have not gone to our 341 yet does that make a difference?

[lrprn]

We have not gone to our 341 yet does that make a difference?

In Ch 7, once you file, you've filed. You can request a voluntary dismissal, but it's up to judge to decide whether to honor the request. If your case is dismissed, then you usually must wait 180 days to file again.

Worse, when you do refile within one year of the first filing, the current bk law places a 30-day limit on the automatic stay forcing you to show you filed in good faith before it will be extended. See http://www.************************/...-is-dismissed/

Regret the news isn't better

[slydog1967]

How do you show good faith, I do not understand.

[HHM]

How do you show good faith, I do not understand.

Why do you want to withdraw the case?

But what everyone else said is true. There is no "voluntary" withdraw of a chapter 7. You need to file a Motion to Withdraw your filing and go before the judge and explain why you want your case withdrawn and it is up to the judge.

[slydog1967]

We want to withdraw the case beecause our means test and Sch J was messed up, lawyer says that we can withdraw and refile.

[HHM]

If the trustee agrees to allow you to withdraw, then the judge will probably go along with that.

Are you sure your attorney is simply telling you that you can file an amended petition. If there is a mistake on paperwork, all you have to do is amend the petition.