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

Can the debtor file a motion to dismiss if alternative payment arrangements are made with the creditor and does not wish to stay in bankruptcy?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
Yes but creditors can object. Depends upon whether it is a chapter 7 or 13.
Answer Applies to: Georgia
Replied: 11/9/2011
Alfred Law Firm
Alfred Law Firm | Janice Alfred
Yes, you can always dismiss your bankruptcy case prior to it being discharged. Please be sure that paying the debt and dismissing the case is the best thing for you.
Answer Applies to: Georgia
Replied: 11/7/2011
Law Offices of James Wingfield
Law Offices of James Wingfield | James Wingfield
Any interested party (debtor, creditor, trustee, U.S. Trustee) can file a motion to dismiss any bankruptcy. However, a Ch. 7 debtor has no absolute right to dismiss a case. Generally speaking, a motion to dismiss by a Ch. 7 debtor will not be allowed without consent of the Ch. 7 trustee. A Ch.13 debtor does have the absolute right to voluntarily dismiss her case. The right is based on the Constitutional bar on slavery and involuntary servitude embodied in the 13th Amendment.
Answer Applies to: Massachusetts
Replied: 11/4/2011
Bankruptcy Law Center
Bankruptcy Law Center | Bill Zurinskas
A debtor in a chapter 13 bankruptcy (if not converted from a chapter7) has the right to dismiss at any time (with a few limited exceptions). Chapter 7 debtors can also file a motion to dismiss, but may be challenged by the trustee if the case is an asset case.
Answer Applies to: Colorado
Replied: 11/4/2011
Law Offices of David H. Relkin
Law Offices of David H. Relkin | David H. Relkin
A Bankruptcy can be dismissed only by Court order. If there is only one creditor and you have settled your matters with him, the Judge should have no issue regarding dismissal. However, it will likely prevent you from filing another Bankruptcy within the specified number of years, depending on the type of Bankruptcy proceeding you should seek in the future. If there are other creditors who oppose dismissal, they can also consent, but notice must be given official under the Bankruptcy Rules.
Answer Applies to: New York
Replied: 11/4/2011
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    Yes the Debtor can file a motion to dismiss a bankruptcy. We must show a change in circumstance and that the creditors will be better treated because of the dismissal and that no fraud is involved. It sounds like that is your situation.
    Answer Applies to: Colorado
    Replied: 11/4/2011
    Tony M. May Attorney At Law
    Tony M. May Attorney At Law | Tony M. May PC
    Yes, there is a method to stop your bankruptcy. In order to stop a Bankruptcy, you have to file a "Petition to Withdraw" and provide the Court with valid reasons for withdrawing the petition. Depending on what type of bankruptcy you chose to pursue (i.e., Chapter 7, 13, or 11), the reasoning for the Petition to Withdraw may be different. However, the Petition to Withdraw must be approved by the Bankruptcy Judge before it is valid and the timing of the Petition is crucial in many situations.
    Answer Applies to: Nevada
    Replied: 11/3/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    You can file it, but it might not be granted.
    Answer Applies to: Arizona
    Replied: 11/3/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes. Difficult in a chapter 7 and fairly easy in a chapter 13. If you are requesting dismissal for the reasons you have outline it should be fine. However if you filed your bankruptcy and now you find that the court is attempting to take un-exempt proerpty from you it may not work.
    Answer Applies to: California
    Replied: 11/3/2011
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, you can file a motion to dismiss, which will generally be accepted by the courts if you have good reason and if it is in the best interests of the creditors.
    Answer Applies to: New York
    Replied: 11/3/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    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.
    Answer Applies to: Florida
    Replied: 11/3/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    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.
    Answer Applies to: California
    Replied: 11/3/2011
    LAW OFFICE OF MARGARET L. EVANS, PC
    LAW OFFICE OF MARGARET L. EVANS, PC | Margaret L. Evans
    In a Chapter 7, generally, no. In a Chapter 13, generally, yes. Depends entirely on the particulars of that situation. May not be advisable.
    Answer Applies to: South Carolina
    Replied: 11/3/2011
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    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.
    Answer Applies to: Virginia
    Replied: 11/3/2011
    Charles R. Nettles - Attorney at Law
    Charles R. Nettles - Attorney at Law | Charles R. Nettles
    Yes, they can. It's approval is subject to the Judge's discretion.
    Answer Applies to: Texas
    Replied: 11/3/2011
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    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.
    Answer Applies to: New York
    Replied: 11/3/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    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.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If it is a Chapter 7, the trustee would have to consent to a motion filed with the Court.
    Answer Applies to: California
    Replied: 11/3/2011
    Heupel Law
    Heupel Law | Kevin Heupel
    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.
    Answer Applies to: Colorado
    Replied: 11/3/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    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.
    Answer Applies to: Colorado
    Replied: 11/3/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    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.
    Answer Applies to: California
    Replied: 11/3/2011
    Goldfarb Law Office, PA
    Goldfarb Law Office, PA | Stephen Goldfarb
    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.
    Answer Applies to: Minnesota
    Replied: 11/3/2011
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    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.
    Answer Applies to: Minnesota
    Replied: 11/3/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    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).
    Answer Applies to: California
    Replied: 11/3/2011
    Law Offices of Kenrick Young
    Law Offices of Kenrick Young | Nicholas Lazzarini
    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.
    Answer Applies to: California
    Replied: 11/3/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    Usually this will work in a Chapter 13 but not in a Chapter 7 without the trustee signing off.
    Answer Applies to: Oregon
    Replied: 11/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    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.
    Answer Applies to: Georgia
    Replied: 11/3/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    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.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    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.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    Yes but the Court has to approve the motion to dismiss.
    Answer Applies to: New York
    Replied: 11/3/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    Yes you may. Check the court website where you live for forms to request a dismissal.
    Answer Applies to: California
    Replied: 11/3/2011
    Law Offices of Robert P. Taylor
    Law Offices of Robert P. Taylor | Robert P. Taylor
    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."
    Answer Applies to: California
    Replied: 11/3/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes, if it is a no asset case and the Ch. 7 Trustee agrees.
    Answer Applies to: California
    Replied: 11/3/2011
Click to View More Answers:
12 3 4 5 6 Free Legal QuestionsConnect with a local attorney