I need to delay my filing

[TiredBroke]

I need to delay my bankruptcy proceedings.

What are the steps I need to take to get this done.

My first hearing is March 1st.

Thank you

[ForumReader]

I need to delay my bankruptcy proceedings.

What are the steps I need to take to get this done.

My first hearing is March 1st.

Thank you

What kind of hearing are you referring to? Is it for a complaint for one of your credit cards? Have you consulted with a BK lawyer yet?

[AngelinaCat]

Why do you need to delay?

I read your other two posts, and you haven't indicated that you actually had filed. You were working on the forms. If you are wanting to stop a creditor's court efforts, the surest way to stop it is to file.

[TiredBroke]

yes I have filed and thats what I want to do is stop the filing, at this point. I still need to file, but I have to delay it a little bit.

[ForumReader]

yes I have filed and thats what I want to do is stop the filing, at this point. I still need to file, but I have to delay it a little bit.

Chiming in along with Angelinacat, why do you need to delay?

[TiredBroke]

I need to delay it to protect my work truck, and my tax filing.

[AngelinaCat]

yes I have filed and thats what I want to do is stop the filing, at this point. I still need to file, but I have to delay it a little bit.

Okay, I guess I am dense. So my question to you NOW is:

Have you actually filed papers for Ch7? If so, do you have a case number?

The answer to that/those questions will determine the next step.

[DeadManCrawling]

Let me take a guess at it.

1. You already DID file CH 7.

2. Your truck and tax refund may be at risk, which you either did not know at the time of filing, or thought would be okay.

3. Now, having filed already, you are hoping to "unfile" temporarily to spend the refund and decide how to handle the truck.

If I have it straight, the simple answer is you can't. Once filed for CH 7 you cannot take it back and start over, I'm afraid.

If all that is correct, then you will have to find a way to exempt the refund and perhaps buy back the truck. That is, if the truck is even of interest to the trustee and the refund isn't already exempted.

Do you have an attorney? Check with them. If they have all the info but haven't actually filed it yet, with the court, you can ask them to delay filing and especially ask them for advice on these matters.

[optimistic1]

Just dont show up.

[AngelinaCat]

Just dont show up.

NO WAY!!! We have no idea what this poster is talking about yet. Please let us find out more information before anyone offers what could be a very irresponsible recommendation.

Thank You

[optimistic1]

NO WAY!!! We have no idea what this poster is talking about yet. Please let us find out more information before anyone offers what could be a very irresponsible recommendation.

Thank You

yes I have filed and thats what I want to do is stop the filing, at this point. I still need to file, but I have to delay it a little bit.

I need to delay it to protect my work truck, and my tax filing.

A vague question and vague follow up posts deserve a vague answer, I mean for heavens sake you have people on this thread guessing about his situation because he doesnt know how to answer properly, its been five days.

He wants to stop the filing all together to protect his truck and his tax refund, while there may be ways to get around this with help from an attorney, he just wants to stop the proceedings all together, so rather than beat around the bush or dick around with the attorney, just dont show up for the 341, thats a sure fire way to have your case dismissed.

You cant just cancel or delay your filing, you will have to file a motion to dismiss, or like I said, dont show up for the 341 meeting, which will have the exact same effect. You will need to wait to file again, under certain scenarios you will need to wait at least 180 days until you can do it again. Keep in mind, you will not receive a refund for the filing fee, and your attorney if you even hired one, will charge you all over again, although they might work out something with you.

[justbroke]

Once filed for CH 7 you cannot take it back and start over, I'm afraid.

This is absolutely true. A Chapter 7 takes on its own life once you start it. The only thing you could do is convert it to a Chapter 13, but even then, the Trustee can oppose that.

There's a reason why they don't let people just (easily) voluntarily stop Chapter 7s. The reason that they do so is because either a) they used the process to stop a foreclosure or lawsuit, and/or b) they figure out that they may lose some property to creditors and want to "save" their _______.

The original poster has some issues. The Trustee can continue and administer the assets in the case even if the debtor doesn't attend the 341 Meeting.

[OhioFiler]

Just dont show up.

I agree. Perfect advice for the question asked.

[optimistic1]

The Trustee can continue and administer the assets in the case even if the debtor doesn't attend the 341 Meeting.

Good point, and that makes complete sense too.

[justbroke]

Good point, and that makes complete sense too.

Worse yet, if the UST finds that the person was just abusing the system to hide money, then the UST could seek a dismissal with prejudice, meaning that the debtor can never file bankruptcy on those debts that occurred prior to the filing of the petition.

The debtor should take this seriously, as this isn't a Chapter 13, where you could just voluntarily dismiss the case. A Chapter 7 takes on a life of its own once filed. If the Trustee sees something juicy, I don't see them allowing the dismissal. However, if the Trustee could care less, you may actually get your voluntary dismissal. While I haven't seen a lot of cases where the Trustee/UST continued the administration of the case, I have read several, including some Chapter 13s that were involuntarily converted to Chapter 7 on motion of the Trustee.

'Tis a game I don't want to play, personally.