Can I file a motion for chapter 7 dismissal? 22 Answers as of May 02, 2014

I filed Chapter 7 but the trustee is telling me I need to pay $4500 in addition to my tax refund. I cannot afford that. I am going to file a motion for dismissal but I was wondering what will happen if I do not pay the remainder of my filing fees and/or the trustee. The trustee's office is telling me that a dismissal is not my right.

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
You do not have the right of voluntary dismissal. But the clerk might get it dismissed for failure to pay the filing fee.
Answer Applies to: Texas
Replied: 5/2/2014
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
The reason people hire lawyers to represent them is to avoid the problems you are having. A good bankruptcy lawyer could have easily advised you of the difficulties you are now facing. The answer to your question is no, you cannot receive a dismissal.
Answer Applies to: California
Replied: 4/24/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
You must have a court order terminating the Ch. 7 bankruptcy so that you must do that by filing a motion. You may be able to make arrangements for payment with the trustee over several months to pay the $4,500. If you are not successful in getting a court order terminating the bankruptcy and you refuse to pay the $4,500 to the trustee then the trustee will have an unsecured debt against you in that amount. The case would be dismissed without a discharge. Then you could wait a year and file a chapter 13 in order to get the trustee's debt as unsecured and hence dischargeable in the Ch. 13 case.
Answer Applies to: Minnesota
Replied: 4/24/2014
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Go see a local knowledgeable bankruptcy attorney NOW! This is a perfect example of why bankruptcy is NOT a do it yourself project.
Answer Applies to: California
Replied: 4/24/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
In a chapter 7 it is not your right, so the trustee can fight it and then get a judgment against you.
Answer Applies to: New York
Replied: 4/23/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Sounds like you have stepped off a cliff with a blindfold. Although the court can, in its discretion, dismiss your Chapter 7 case, it is unlikely it will do this because the criteria to dismiss a Chapter 7 is that doing this would be in the best interests of your creditors. If you fail to pay the court and the trustee, you may also find yourself in between a rock & a hard place as the court will deny you your discharge and you will never be able to eliminate the debts in your current bankruptcy in a later bankruptcy. Now may be a good time to break down and pay a lawyer for some meaningful options.
    Answer Applies to: Nevada
    Replied: 4/23/2014
    David R. Fondren, Attorney at Law
    David R. Fondren, Attorney at Law | David R. Fondren
    The trustee is correct. The judge has to approve the dismissal motion. Once they start administering the assets, it is difficult to un-do it. You should speak to your attorney. Even if you refuse to pay the filing fee and refuse to cooperate will not stop it. They will punish you with denial of a discharge.
    Answer Applies to: Missouri
    Replied: 4/23/2014
    HARVEY S. MORRISON, ATTONEY AT LAW
    HARVEY S. MORRISON, ATTONEY AT LAW | HARVEY S. MORRISON
    There are some missing facts, but the probability is that you cannot get the case dismissed without "making peace" with the Trustee. Further, if you have gone this far, you should complete the Chapter 7 and get your discharge.
    Answer Applies to: Ohio
    Replied: 4/23/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You do not have the right to dismiss a Chapter 7. While it is possible to obtain a dismissal, it is highly unlikely, particularly in the circumstances that you describe.
    Answer Applies to: California
    Replied: 4/23/2014
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Sounds like this is the cost of representing yourself. You can file any motion you wish. It is unlikely to succeed if the trustee has his teeth into your assets. He will not let go. That is how he makes his living. He will pay the remainder of your filing fee with your $4,500.00 and then for instance garnish your wages for the $4,500.00 etc. It will get real nasty if he decides to take away your discharge (forgiveness of your debt) as well. In that event you will lose all of the benefit of filing bankruptcy and you will lose your $4,500.00. You should not have attempted this yourself. If you had an attorney then he committed malpractice by not informing you of these consequences.
    Answer Applies to: Michigan
    Replied: 4/23/2014
    Timothy Casey Theisen, P.A. | Tim Theisen
    Let me get this right. You are smart enough to figure out how to save $1500-2000 on attorney fees and file bankruptcy on your own, but now you have to pay $4500, and are looking for free advice on how to get out of this mess? Maybe, instead of seeking free advice on the internet, you should hire an attorney to see if you can amend your exemptions and mitigate the damage, or perhaps convert to chapter 13 & spread it out. You can try to move to dismiss, but the reason you are giving, i.e. "I didn't know I would lose these assets because I got bad (or no) advice" will get you nowhere.
    Answer Applies to: Minnesota
    Replied: 4/23/2014
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    That is correct. You can file a motion, but the court would almost certainly dont it. Not paying does not give you an out. The trustee can still collect the money, use it to pay creditors and the court can deny you a discharge on top of that.
    Answer Applies to: California
    Replied: 4/23/2014
    Cameron Totten | Cameron Totten
    The trustee is correct. You can file a motion to dismiss but the trustee can object to it and it will be up to the judge whether the case will be dismissed. Unlike a chapter 13, the debtor does not have an absolute right to miss a chapter 7 bankruptcy.
    Answer Applies to: California
    Replied: 4/23/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    You can ask for a dismissal. The Judge may or may not grant it.
    Answer Applies to: California
    Replied: 4/23/2014
    Ronald K. Nims LLC | Ronald K. Nims
    The trustee is correct, as the debtor you have no right to dismiss a Chapter 7 once it's filed. If you fail to pay the remainder of the filing fee, the court can dismiss the case. However, since the trustee thinks she can get her hands on several thousand dollars of your money, I would expect her to pay the fee herself (and charge several thousand dollars of legal fees in the process). If you seriously want to dismiss your case, convert to Chapter 13, then fail to pay the fees. The Chapter 13 trustee gets paid on a percentage of the funds handled by their office so they have no incentive to create fraudulent legal bills.
    Answer Applies to: Ohio
    Replied: 4/22/2014
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    You can file a motion to dismiss, but it is likely not to be granted. Consult with an attorney about the Trustee's demands. Perhaps you can argue for a smaller payout or set up a payment plan with the trustee. It sounds like your exemptions do not cover your equity in your property. When that happens, the Trustee gets to liquidate the unexempt property and pay your creditors some of what you owe.
    Answer Applies to: Wisconsin
    Replied: 4/22/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    The Trustee s correct, you do not have the right to dismiss the case. You should consider perhaps ch 13. I think you need to see a lawyer.
    Answer Applies to: California
    Replied: 4/22/2014
    Wink & Wink
    Wink & Wink | Gigi Wink
    Unfortunately, the Trustee is correct. You do not have a right to dismiss your case because you don't want to pay what the Trustee is demanding. You can fight that request in front of the judge if you feel it is not correct. If it is and you do not pay it, the Trustee can sue you to collect the money and even garnish your wages.
    Answer Applies to: Colorado
    Replied: 4/22/2014
    Law Office of Joshua R.I. Cohen
    Law Office of Joshua R.I. Cohen | Joshua Cohen
    Hire an attorney. That would be cheaper.
    Answer Applies to: Connecticut
    Replied: 4/23/2014
    Michelotti & Associates, Ltd. | Joseph Michelotti
    Once you file you do not have a right to dismiss the case. You might consider converting to Chapter 13 and paying over time (36 months).
    Answer Applies to: Illinois
    Replied: 4/22/2014
    Idaho Bankruptcy Law | Paul Ross
    In a Chapter 7 an individual does not have the right of dismissal. Your better option is to attempt to convert to a Chapter 13 and resolve the issue that way. The $4,500 must be coming from the potential liquidation of an asset. You have to either pay that amount in a 7 or the Trustee will liquidate that asset. You can also convert to a Chapter 13 and pay that $4,500 minimal in your plan to keep the asset. But you will also have to turn over your tax refunds otherwise you could lose your discharge.
    Answer Applies to: Idaho
    Replied: 4/22/2014
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Most likely not. But you can convert the case to a chapter 13 and pay it in 3 years.
    Answer Applies to: Florida
    Replied: 4/22/2014
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