Backing Out...

[Badgerz]

If you go into the BK proceddings expecting to get a Ch.7 and the courts try to make you go 13 do you have the option of backing out altogether or no?

Thanks.

[Minnymouth]

Its not as easy to back out of a bankruptcy as people might think. So find out options available BEFORE you file.....

Your attorney should have told you which Chapter you are able to file BEFORE you file...... thus making your decision then....

Now if a Trustee finds assets or income that he feels that you can pay a Chapter 13, then he can force you into a Chapter 13... During and after the 341 meeting it is almost impossible to stop a bankruptcy.....

I tried to stop my Chapter 7 before 341 meeting and Court said NO - because the Trustee discovered the title on my home was no-good making it an asset case instead of non-asset....

[LostOne0069]

Um, I would think that getting your bankruptcy dismissed would be rediculously easy... since that is the punnishment that they give out if you don't follow all the rules... like filing things on time and accurately.

Everything I've read says that you can get your bankruptcy dismissed any time you want to... right up to the time that it is discharged and closed.

[Minnymouth]

Yes, you can get it dismissed, THEN you are FULLY responsible for all debts again and cannot file again for a certain amount of time.

The new laws are designed to keep people from filing - then backing out - then filing again..... to help stop foreclosures and such....

AND yes, the Court can tell you NO you cannot back out........

[irastus]

Unlike a chapter 13, there is no right to dismiss your own chapter 7. In that sense, it's involuntary once filed. You may try to get a dismissal, or fail to show to your 341(a) - but can't summarily dismiss.