Filed now want to dismiss

[johnnyv22]

I have decided to NOT go through with my Chapter 7 BK, I want to now dismiss it.
What does it take to dismiss the case????
When I filed , we had over the $2,000.00 limit in our bank account because of the Stimilus check. Even with us dismissing the case will/or could the trustee still come after the amount over $2,000.00 or do they just drop the case??

[JRScott]

johnny I know it can be stressful but generally its best to let it go through. Was it significantly above 2000. If you can exempt 2000 then only the amount over that could be seized.

I'd consult with your lawyer before making any hasty decisions, not knowing your circumstance its hard to give any adequate advice.

Keep in mind also that if you do get it dismissed, then the automatic stay if you refile before a year passes is only 30 days I believe, you then have to prove to the court you qualify for a longer stay.

[momof5]

I really wish more lawyers or even those that file pro se would stress on the fact of how important it is on the day you file to make sure you are below or equal to whatever amount is exempt or allowed in your bank account including your paycheck!
I recently talked to someone who filed the day before the stimulus went into her account. She had no clue that this was technically now property of the estate which in turn could then become property of the Trustee if it was not exempted.


Before you try to dismiss which I have read is not so easy to do and your credit is already going to show ch7 please talk to a lawyer. Schedules can be amended.

[Help!]

I can answer this one. I did exactly what you're contemplating. Here's what happens:

(1) Court sets a hearing for approx. one month later to discuss why you want to dismiss your case (and there needs to be a very good reason).
(2) If dismissal is granted, you will likely not be able to refile for 180 days (especially if a mortgage lender or other creditor has filed a motion for relief from stay).
(3) The court may choose not to grant your motion to dismiss.
(4) The damage to your credit report has already been done. The impact is the same as if you had discharged your debt. There is no way to undo it.

Unless the $2000 in your checking account is listed as an exempt asset, it will likely be taken. I would not amend my petition to exempt this amount if I were you as this could be viewed as being petty, especially if you're discharging a lot of debt.

Unless you've done something fraudulent, perjured yourself or hidden assets this is not in your best interest.

[johnnyv22]

Thanks for your replies...

So there is no easy way out.

Please understand I'm not trying to be sneaky here but, what if I didn't show up for any of the meetings/court dates ???

Thanks

[Help!]

Thanks for your replies...

So there is no easy way out.

Please understand I'm not trying to be sneaky here but, what if I didn't show up for any of the meetings/court dates ???

Thanks

You'd probably be dismissed, but not on good terms. At the very least, you'd be required to wait 180 days to refile. It is never a good idea to not show up in court when there is a hearing. It would be better to explain yourself than to appear that you've wasted the court's time or that you are avoiding the hearing because you have something to hide. My two cents...

[keepmine]

Thanks for your replies...

So there is no easy way out.

Please understand I'm not trying to be sneaky here but, what if I didn't show up for any of the meetings/court dates ???

Thanks

If you are an asset case, the trustee is the one controlling the bk estate and they don't have to grant a dismissal. They'll just seize the assets and if you dom't comply with all the terms and conditions of the bk then, it's dismissed. Your creditors are turned loose again plus, it's still on your credit report.

[AngelinaCat]

I'll add my two cents to keepmine's: it is my understanding that if your BK is dismissed WITH Prejudice, you will not be able to ever file a future BK on the debts that are listed in this current one.

In other words, don't P' O' the Court by just not showing up.

[dragonnfly]

Is that the only reason that you want to dismiss it? If so I would let the $2000 go or as the above posted said, ammend your petition to exempt it. It all depends on your district but we received our $1800 stimulus after we filed and before our 341 hearing and nothing was ever mentioned about it. We spent it on necessities and were prepared to pay it back if need be. But they never asked and we weren't bringing it up. If that is the only reason you want to dismiss and you cant exempt it spend it on necessities keep track of what you spend it on and be prepared to pay it back if need be. Im not sure how that will work with it being deposited on the day you filed, what does your lawyer say or do you have one? Dragonnfly

[johnnyv22]

If you are an asset case, the trustee is the one controlling the bk estate and they don't have to grant a dismissal. They'll just seize the assets and if you dom't comply with all the terms and conditions of the bk then, it's dismissed. Your creditors are turned loose again plus, it's still on your credit report.

Thanks for your replies....

when you say "seize assets" are you talking about like seizing my bank accounts /paychecks etc. . I would not have any access to my money??

[keepmine]

In theory, the trustee could sieze assets beyond what your state would exempt.
Instead of asking "what if questions," why not just spell out exactly what the problem is with going through with the filing?

[Help!]

In theory, the trustee could sieze assets beyond what your state would exempt.
Instead of asking "what if questions," why not just spell out exactly what the problem is with going through with the filing?

I agree. It would be easier to help you if we knew what the issue was. If you are worried about something you think you've done wrong it would be good to ask questions here rather than wait until you are in real trouble.

[johnnyv22]

I'm sorry if you think I trying to hide something.. I just have lots of questions regarding this type of action...

The plain & simple truth is I dont want to go thorugh with the process, I feel its better for me and my family to dismiss the case.

My concern is if the trustee seizes my account then I wont be able to take care of my family.

[epiphany]

Johnny, sorry you find yourself here with us.

I don't know how much your debt is but you need to weigh losing the excess amount in your checking account, whatever that is, against the payments you will need to keep making in order to keep your creditors at bay.

It is hard to tell without more details but from what little you've said, but it sounds like you are thinking short term. And it's short term thinking that got a lot of us who are here (myself included) into this mess.

I think you have gotten some sound advice from others. Dismissing your case will not be easy and you may lose that money anyway.

I don't think anyone thinks that you are trying to hide something. It's just that people want to help you and they will be much better able to do that if you give them some specifics...what you owe, what you make, why you filed for BK in the first place, etc....

As it stands, all we can do is surmise and speculate as we really do not have enough information to be of better help.

ep

[keepmine]

Also some creditors like to "clean up the mess" and your getting a discharge allows the debt to be written off for them.

This isn't relevant to bk. FDIC Reg 5000 requires them to writeoff debts within 180 days of default. The debtor does not have to file bk in order for an account to be chargedoff.