Changed mind on chapter 7 after filing

[bobbyj]

I have read numerous posts here and I have a question I need answered if possible, I filed Chapter 7 last week and have now changed my mind, I know that it cannot be voluntarily dismissed but can I not show up at my 341 hearing intentionally to have it dismissed?

[ready2puke]

Just wondering after going thru all that and then changed your mind? Why? Did you win the lottery????

[keepmine]

If you're no asset, the trustee will likely let you go.

[Flamingo]

One bad thing here...since you actually filed you will have a Chapter 7 showing on your credit reports for 10 years.

[JRScott]

Unless you've discovered some sort of fraud I'd let it ride through now, might as well since you've already paid the money and took the hit on credit report.

[bobbyj]

To be quite honest I feel like alot of my transactions the last year are questionable, I went through a divorce and sold assets, used HELOC to fund failed business. The attorney is quick to say we will amend for this or that if it is a problem but I am the one who will end up in criminal court for bankruptcy fraud, where do I get the money for a criminal attorney plus having my bk petiton dismissed forever, and face jail time. I in no way did anything intentional to commit fraud, but if you like at my last year it sure does look like it! I could hold on for another six months or so with unemployment, because I don't pay any creditors at this time and my house just went into foreclosure last week.

[bobbyj]

It is a no asset chapter 7, I think just think it would be better to let more time pass then refile, just can't take a chance with my life cause the attorney says this or that, learned that lesson with the divorce attorney.

[ansky0007]

If you have nothing then you have nothing to loose to let it ride.

[JRScott]

Lots of folks sell stuff in the months leading up to bankruptcy to pay for things. That's not unusual really.

Did you sell assets to meet the divorce decree? That's not unusual either.

I'm not familiar with HELOCs

6 months might not be enough. Yes you could refile then so long as not dimissed with prejudice, but it would be better to have 2 years or more between you and charges you feel might be deemed fraud.

Sit down and make a list of all the transactions, and try to account for all the money. Take the list to the lawyer and make sure you both go over it thoroughly. He might even advise trying a dismiss if he has it all, but he might still have a good plan.