Can I cancel my chapter 7 filing during 341 meeting? 23 Answers as of July 08, 2013

If the trustee want to take my car, which is worth $20,000 then can I can cancel the filing?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No.... Have you maximized your exemptions? If you had a good lawyer this should not have happened. You can convert to chapter 13 to save the car. See a competent bankruptcy lawyer.
Answer Applies to: California
Replied: 7/13/2011
The Northwest Debt Relief Law Firm
The Northwest Debt Relief Law Firm | Thomas A McAvity
No.
Answer Applies to: Oregon
Replied: 6/10/2013
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Your Bankruptcy will be dismissed if you do appear for the 341 meeting.
Answer Applies to: Washington
Replied: 7/4/2013
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Yes, but stays on record as withdrawn.
Answer Applies to: California
Replied: 7/12/2011
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
No, you cannot cancel a Ch 7 at the 341, you might want to speak to an attorney about either reaching a settlement with the trustee or converting to a Ch 13 bankruptcy.
Answer Applies to: Michigan
Replied: 7/12/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    NO, all you have to do is use the wild card exemption to exempt the car. If you still wish to cancel, then file a motion to dismiss after the hearing.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Sariol Legal Center
    Sariol Legal Center | Frank R. Sariol
    Just don't show up to the 341a meeting and the trustee will dismiss the case (they usually continue the meeting the first time you mss it, but dismiss the 2nd tine.
    Answer Applies to: California
    Replied: 7/4/2013
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    There are ways of withdrawing the filing, you should speak with your bankruptcy lawyer about your options.
    Answer Applies to: Florida
    Replied: 7/4/2013
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    It is very difficult to dismiss a chapter 7. However, to retain property that is not exempt in chapter 7 you could convert the case to a payment plan under chapter 13.
    Answer Applies to: California
    Replied: 7/11/2011
    Edward Papa, Esq.
    Edward Papa, Esq. | Edward Papa
    You need to speak to an attorney right away. It sounds as if you are unrepresented and that is a problem. You may have overlooked an exemption or may have the ability to swap an exempt asset for the un-exempt portion of your vehicle. You could make a motion but it would be up to a judge to decide if you have good reason to dismiss the case. Your other option would be to convert to a chapter 13 if qualified.
    Answer Applies to: New York
    Replied: 7/11/2011
    Law Office of Eric Ridley
    Law Office of Eric Ridley | Eric Ridley
    Not during the hearing, but you may file a request with the Court at any time to withdraw your filing. The trustee will not make any decisions during the hearing, but will decide on the disposition of your assets after close examination of your schedules.
    Answer Applies to: California
    Replied: 7/11/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No. It takes a motion to dismiss, and the fact you have "buyer's remorse" is not grounds for dismissal, and would require approval of the Chapter 7 trustee. This is an example of why trying to do your own bankruptcy can cost you more than what hiring an attorney to properly advise would be.
    Answer Applies to: California
    Replied: 7/11/2011
    Lake Forest Bankruptcy
    Lake Forest Bankruptcy | Anerio V. Altman, Esq.
    No. You cannot dismiss your case voluntarily. Once the Chapter 7 case has been initiated, you cannot dismiss the case without the court's permission. It is possible that the Trustee could try to sell the car. Now, in California you have the right to use certain exemptions to keep property, and you can amend your exemptions anytime until the case is closed. You may need to change your exemptions to keep the car.
    Answer Applies to: California
    Replied: 7/11/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Chapter 7's cannot be cancelled. Dismissals are only allowed for cause and having assets is not cause. You made a horrible and probably unfixable mistake in filing. It will probably cost you your car. Filing pro se is foolish (always) and usually a catastrophe. If you had a lawyer he would have warned you. At this point, hire a lawyer. You probably cannot avert losing the car, but see if the lawyer can find any way to salvage things. Bankruptcy should NEVER be filed pro se.
    Answer Applies to: Georgia
    Replied: 7/11/2011
    Hines Law Offices
    Hines Law Offices | Holly H. Hines
    Once a Chapter 7 case is filed you may not typically dismiss the case. If seeking dismissal it must be for good cause and with permission of the court.
    Answer Applies to: Massachusetts
    Replied: 7/11/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You can convert to Chapter 13, then voluntarily dismiss if you cannot make the payment.
    Answer Applies to: California
    Replied: 7/4/2013
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    No, you need court permission to dismiss the case and the trustee will likely object to it if you have unexempt property the trustee can take from you. This is one of the reasons you need to have a lawyer represent you and explain to you before filing the risks before you jump in the water.
    Answer Applies to: California
    Replied: 7/11/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    The existence of equity in your car is not grounds for dismissing your Chapter 7 case. If you have not previously converted your case, you may be eligible to convert to Chapter 13 and pay your creditors an amount equal to what they would have received had your case proceeded in Chapter 7. Conversion allows you to pay the net equity in your car to your creditors over a maximum period of 60 months.
    Answer Applies to: Alabama
    Replied: 7/11/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Probably not. This is why it is so important to discuss your situation with an attorney prior to filing.
    Answer Applies to: California
    Replied: 7/11/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Yes.
    Answer Applies to: Maryland
    Replied: 6/10/2013
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