Can the debtor file a motion to dismiss in bankruptcy? 34 Answers as of November 09, 2011

Chapter 13 yes, chapter 7 no. In a chapter 7 if you don't go to the meeting of creditors they will usually dismiss it automatically. If you have already gone to the meeting, there is nothing you can do.

Ch 7 has accurately been described as a cave with no way out. If there are assets the case will not be dismissed. You could consider converting to Ch 13.

Absolutely. You have an automatic right to dismiss from a chapter 13. You have to file a motion to dismiss in a ch. 7. Usually, the judge will allow the dismissal if there are not a lot of assets that could be liquidated.

In a Chapter 7, generally, no. In a Chapter 13, generally, yes. Depends entirely on the particulars of that situation. May not be advisable.

Generally a debtor cannot file a motion to dismiss their bankruptcy, and you cannot settle with a creditor once you have filed without the trustee and possibly the Court's permission. If you do not have a lawyer, I would get one, or at the very least call the trustee and tell them what you are doing BEFORE you make any payments to the creditor you settled with.

Yes, they can. It's approval is subject to the Judge's discretion.

Since it is the debtor who is filing the Bankruptcy petition, the debtor can withdrawal the bankruptcy petition at any time. However, you cannot recover the cost of filing the original bankruptcy petition. If you made the filing on your own, you should contact the U.S. Bankruptcy Court to ask what they require to withdrawal a bankruptcy petition.

If it is a Chapter 7, the trustee would have to consent to a motion filed with the Court.

It depends on the chapter and the circumstances. If it is a Chapter 13, then the debtor can dismiss his/her case. A Chapter 7 is more difficult and will depend on the reason.

A Chapter 13 case can be dismissed at any time. A Chapter 7 case requires permission and an attempt to dismiss may be challenged by the Trustee in some circumstances.

Debtor can file a motion to dismiss a case. This requires a notice of motion, motion and supporting declaration as to why the case should be dismissed.

If I understand the question, it seems that you are talking about a chapter 13 plan. If you want to dismiss the plan, it would seem that you could always dismiss the plan.

The debtor can file a motion to dismiss in a chapter 7 case and it will probably be granted if it is a "no asset" case, meaning that all of your assets are exempt and there is no money or property that a bankruptcy trustee could liquidate for the benefit of your creditors. You have the right to dismiss a chapter 13 case on application.

Yes, a debtor can choose to dismiss their bankruptcy.

Yes... and assuming you have no unprotected assets that the trustee wants to take then the motion to dismiss a Chapter 7 is usually granted with no problems after notice to creditors and the trustee. If a Chapter 13 then you have the right to dismiss the case by simply giving notice of dismissal (although in some areas it requires a motion to dismiss which will be automatically granted).

Usually this will work in a Chapter 13 but not in a Chapter 7 without the trustee signing off.

If the case originated as a voluntarily petition, the debtor always has a right to file a motion to dismiss the bankruptcy case. However, the motion may be opposed by creditors who feel they are more likely to be repaid should the case continue. A hearing on a motion to dismiss must be noticed to all creditors and parties. You should be aware that, even if dismissed, the bankruptcy filing will show on your credit report, though any debts listed on the petition will not show as discharged which will help your credit rating. Also, you may face some obstacles should you change your mind and decide to go through with a bankruptcy in the next several years. You should consult an attorney to determine the best course of action.

There is no automatic right to dismiss a chapter 7. A chapter 13 CAN be dismissed. Dismissal of a 7 is in the court's discretion and is a potentially complex question that requires you to have a good lawyer.

You are the debtor. A creditor can move to dismiss a case on legal grounds. What are they?The creditor not wanting to be in a bankruptcy is too bad for the creditor and does not form a basis for dismissal.

In a Chapter 13 you may voluntarily dismiss your bankruptcy. In a Chapter 7 it is typically more difficult. You need to explain to the court your reasoning for dismissing your case. It would be wise to consult an attorney to determine the best course of action to take with your particular situation and case.

Yes, if it is a no asset case and the Ch. 7 Trustee agrees.

Yes but the Court has to approve the motion to dismiss.

Yes you may. Check the court website where you live for forms to request a dismissal.

You don't have a "right to dismiss" but can probably sucessfully file a motion if the trustee assisnged to your case consents. The trustee is only going to consent if all of your creditors get as much or more then they would had your case gone forward. Many people get their cases dismissed just by failing to show at their scheduled 341a meeting. However, if you have non-exempt property, the court won't dismiss just because you were a "no show."