I want my case dismissed...how do I do that?

[fiats3]

I filed an emergency petition for a Chap7 not thinking what my exact strategy through properly. I later realized I had substantial tax debts and converted it to a Chap13 because I discovered certain tax debts (such as unfiled taxes) are dischargeable in a 13. However, I just had my 341 mtg. and the trustee wants me to come up with another $300/mo because he thinks my expenses are too high (clothing, food, the usual). He even wants me to provide records of tithing to the church. It's getting to be too much and I want out. I can probably make an Offer in Compromise deal with the IRS that will be more favorable than this Chapter13 plan. The main advantage of making an Offer in Compromise is I won't be restricted by all the rules governing a Chapter13 (no borrowing, refinancing, buying cars, etc, without trustee permission). I realize I will be 'exposed' to my creditors and will lose the protection of the Chapter13, but I'm willing to take my chances, as I am virtually judgement proof (no assets other than a regular job). The worst fate that can befall me is a wage garnishment @ 25% but I can get around that. How can I get my Chapter13 case dismissed? If I simply stop communicating with the court and trustee and don't attend any further meetings, won't the judge just simply issue an order to dismiss the case? I don't want to file a motion for a voluntary dismissal and have him object and go back and forth and waste time and money. BTW, I am going pro se, if you haven't already figured that out...

[Minnymouth]

Walking away, don't think that will happen......you are presently under the contol of the Trustee and the Court....!!!

You can file to have it dismissed, and then its up to the Trustee, judge..........

Your really in a bad position right now, sorry.

Also your creditors can demand you stay in Chapter 13 without dismissal I believe. May be wrong about that, not sure!!

Talk to a lawyer for advice - free.......

This happens when you try to do it yourself, then run into something, and most lawyers will not even talk to you then.....

Good luck - keep us posted....

Minny

[HHM]

Since your case went from a chapter 7 to a 13, I don't think you can just voluntarily dismiss the case. (11 USC 1307(b)).

But yes, technically, you can just walk away (i.e. don't make your plan payments) and the trustee will eventually dismiss your case.

However, it sounds like you have neither consulted an attorney or a tax professional. Before you do anything, I think you should speak to one or the other, as based on your posts, (granted I don't have all the info on your situation), I don't think you have all the information you need to make an informed decision about whether a 13 or offer in compromise is better.

[alwayskev]

Petition for Voluntary Dismissal question

How's your case now?