Petition for Voluntary Dismissal question

[alwayskev]

Hi everyone,
I am very new to this place and I need your generous help on my recent ongoing chapter 7 bankruptcy case I filed a month ago.
I was hospitalized after an emergency visit and the medical bill costs about near 20000, since I was out of job and had no deposit that time, and I thought it was no way I could pay for that money to the hospital. so I’ve decided to file a bankruptcy as advised from a friend.
Right now, I filed the case about a month and my case is still processing, I got a case # and letter of invitation schedule to meet the creditor soon. However, at this point, one of my friends asked me to dismiss it and he can lend some money for the medical bill. So i really want my case to dismiss right now. I read a book, and the following form sample was pulled out from the book. Before sending it to the judge, I just want to confirm with you experts here if this is the right format and right thing to do to dismiss a case in my situation right now.





Petition for Voluntary Dismissal


Petitioner:
Case #
Date: 10/6/08

The debtor in the above-mentioned case hereby moves to dismiss her bankruptcy case for the following reasons:

1. Debtor filed a voluntary petition under Chpater 7 of the Bankruptcy Code on ____________, 2008.

2. No Complaints objecting to discharge or to determine the dischargeability of any debts have been filed in the case.


3. Debtor realizes that filling a Chapter 7 Bankruptcy petition was erroneous. Debtor does not feel she has the ability to do so on her own nor the resources to hire an attorney to do it for her. Debtor intends to pursue other means of handling his debts.

4. No creditor has filed a claim in this case.


5. No creditor has requested relief from the automatic stay.

WHEREFORE, Debtor prays that his bankruptcy case be dismissed without prejudice.


Date:____________________ Signature of Debtor _______________________



Thanks for your help.

[jessegirl]

So if they lend you the money, how will you pay it back if you couldn't afford to make payments to the hospital??

[alwayskev]

Yes, it's one of my close friends and he said that i could pay him back whenever i have money.

Also, my questionable cheap insurance plan just sent me an letter that they will also wipe off half of the bill for me after a long process, which i thought they were never paid anything to the hospital that time.

So i have job now and i can afford 10000 within a year i think.

I have only one creditor in the application and i have no assets at all, so i hope the court could let me dismiss the case this time.

[TEW]

You have already wiped out your credet. If this is a loan can you pay it back? do you have to pay it back?


edit I guess you can always refile if you have to.
good luck

[alwayskev]

TEW,
Is this means that filing a Petition for Voluntary Dismissal is useless for me now?
So, what's the difference have a case dismissed and remain open then?

[Tbornetun]

I really don't think anything from a credit standpoint. I beleive that they bankruptcy shows up either way. I also beleive that at this point, it will be more beneficial for you to have a discharge rather than a dismissal, even with a voluntary dismissal. If I were you, since you already filed, I would ride it out for discharge. It will benefit you more in the long run.

[TEW]

alwayskev
once you file it goes on you CR it's public recored so the damage is don't if you dismiss and refile it will show 2 BKs My wfe did that.
So maybe you want to step back and think about this before you hand that doc in.
Maybe your frined and it sure is nice to have friends like that can help you rebuild after you get your discharge.

[HHM]

The time for your friends help has come and gone.

[alwayskev]

I guess i am not going to meet the creditor scheduled next week then,.

[NowImDownInIt]

I guess i am not going to meet the creditor scheduled next week then,.

?? If you don't go to your 341, you WILL be dismissed. Involuntarily. As HHM says, the time for your friend to help you has come and gone. You have already filed and the damage to your credit is done regardless. If you choose not to voluntarily dismiss you MUST attend that meeting.

[alwayskev]

Thanks,may i ask what 's difference of Involuntarily dismissal and Voluntary dismissal ?

[Tbornetun]

I still don't understand why you would want a dismissal. Continue on with your Chapter 7 and get the debt discharged. Why would you have your case dismissed and then still owe someone, either the bank or the friend? Doesn't make sense to me. You have already filed, there is no changing that now. It will still be on your record, why not follow it through.

[PoorGrammyinBK7]

Your wanting to pay the bill with a loan from your generous friend is admirable, but since you have already filed, the damage has already been done to your credit -- it cannot be undone.

That is why everyone here is advising you that its probably best to let the case go on and get your discharge. So you should attend the 341 creditors meeting. Its really not bad - about 5-10 minutes usually.

If your friend wants to help YOU in some way, financially after that, that would be great.

Just my opinion...

[AngelinaCat]

Also, keep in mind about friends: if you want to keep a friend, do not go into business with them or borrow money from them. It is like going into business or borrowing money from a family member. You won't keep both for long.

Go to your 341, and get your Discharge so you can start your life anew and on your own. Good luck!

[alwayskev]

Thanks everyone.

I forgot to mention to you that my medical bill was finally paid by my insurance company which i thought it was impossible base on the letter they sent to me early before filling my case. But i am glad that my bill is settled by the insurance company not my friend. Therefore, i don't need to the discharge letter from the court now. So that's why i want to dismiss my case. I turned in a letter of Petition for Voluntary Dismissal to the court few weeks ago, but it was denied. So as advised, i should not go to the meeting if i really want my cased to be dismissed. NOw they have sent me a second notice to attend the upcoming 341 meeting, so i thought maybe i should not go if i want to have my case dismissed this way