Can I shorten my prejudice time of 180 days if I file for voluntary dismissal before 341 hearing? 19 Answers as of January 15, 2014

My attorney advised me to file for voluntary dismissal because I want to file for chapter 7 instead.

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
File motion to convert to chapter 7 instead of dismissing it.
Answer Applies to: New York
Replied: 1/15/2014
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Convert your case. Don't dismiss. If you are eligible for a 7, you should be able to convert. There is something missing here. Why would your attorney advise you to do this?
Answer Applies to: Missouri
Replied: 1/10/2014
Stephens Gourley & Bywater | David A. Stephens
That depends on whether a motion for lift of stay was filed before you voluntarily dismissed. If it was not , usually you can just refile.
Answer Applies to: Nevada
Replied: 1/8/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Why don't you convert your existing case? Why are you seeking legal advice here if you have an atty? Why do you believe the dismissal will be with prejudice?
Answer Applies to: New York
Replied: 1/8/2014
Hayward, Parker, O'Leary & Pinsky, Esqs.
Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
Providing that a Lift Stay Motion is not pending, a voluntary dismissal of your Chapter 13 at the time referenced in your inquiry should not trigger the 109(g) 180 day re-filing bar to a subsequent Chapter 7 filing.
Answer Applies to: New York
Replied: 1/8/2014
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    Why don't you simply convert your Chapter 13 to a Chapter 7?
    Answer Applies to: Georgia
    Replied: 1/8/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Yes as long as no creditor has already filed an objection.
    Answer Applies to: Michigan
    Replied: 1/8/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Why don't you just convert instead?
    Answer Applies to: Nevada
    Replied: 1/8/2014
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    A chapter 13 can be converted to chapter 7 without filing a new case. There are too many issues that are unclear from your question to provide a full response. Local bankruptcy practice varies, but in South Florida a dismissal of a case would generally be with prejudice for 180 days without a special court order. Since you can convert from chapter 13 to chapter 7, there must be an independent reason why you would dismiss the chapter 13 with the intention of later filing a chapter 7.
    Answer Applies to: Florida
    Replied: 1/8/2014
    Danville Law Group | Scott Jordan
    Why dismiss? Why not convert?
    Answer Applies to: California
    Replied: 1/8/2014
    Law Offices of Marc Weinberg | Marc Weinberg
    From your question, it appears that you filed a Chapter 13 and now want to file a Chapter 7. You really do not have to dismiss the case. You can (1) file a motion to convert to a Chapter 7; (2) Tell the Chapter 13 Trustee that you will not be able to keep to your proposed plan and see if the Trustee will automatically convert the case; or (3) inform the Trustee that you are not going to appear at the 341 hearing, and the Trustee will either continue the hearing or dismiss it on the spot. If the hearing is continued, failure to appear a second time will cause the case to be dismissed. ?The alternative is is file a motion to dismiss, which is more work for you. The 180 day bar is usually applied to cases that are filed in bad faith. Every jurisdiction has a different approach. What you will have to figure out is, in a Chapter 13, you showed that you have disposable income on Schedule I, and now when you file a Chapter 7, you will have to show that you do not have disposable income. ?You will need to resolve this conflict before you file a Chapter 7. The other issue will be the means test, which I presumed was explained to you.
    Answer Applies to: California
    Replied: 1/7/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Your question is confusing and I'm not sure i understand what you are asking. If you have a lawyer you should follow his or her advice.
    Answer Applies to: Colorado
    Replied: 1/7/2014
    Idaho Bankruptcy Law | Paul Ross
    There is not enough information here. I assume you are talking about a Ch 13. First impression, I would convert to a Ch 7, not just dismiss it to refile. But I am sure there are facts and issues for why your attorney would prefer to dismiss as opposed to convert.
    Answer Applies to: Idaho
    Replied: 1/7/2014
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    It sounds like you are in Chapter 13. You can convert a 13 to a 7 at any time, without court approval. I'm not sure what you mean by the "prejudice time."
    Answer Applies to: Utah
    Replied: 1/7/2014
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    This doesn't make sense without more facts. If you want to file Chapter 7, you might be able to convert your Chapter 13 to a 7. But, you need to talk more with your lawyer to see if you are eligible. This cannot be answered here. Call your lawyer, and if you can't get an answer, call another bankruptcy attorney to set up an appointment discuss your options in detail.
    Answer Applies to: Illinois
    Replied: 1/7/2014
    Porter Law Network | Karen Porter
    Please review the circumstances with your attorney. You can convert a case from one chapter to another. If you are in a chapter 13 and want to be in chapter 7 you can convert the chapter 13 case to a chapter 7 case. Of course, you need to be properly advised before you convert a case. However, dismissing a case to refile a case is not the only option.
    Answer Applies to: Illinois
    Replied: 1/7/2014
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    Why not convert your 13 to a 7? Why incur another filing fee.
    Answer Applies to: Massachusetts
    Replied: 1/7/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Huh? Why not convert to ch7? That would be much cheaper. If you have a change of circumstances (less income) that is the way to go. If the court imposed 180 day bar - it is 180 days no matter how it was dismissed. The bar is unlikely unless there are other facts you have not told me.
    Answer Applies to: California
    Replied: 1/7/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Perhaps you should consider converting the case to a case under chapter 7.
    Answer Applies to: South Carolina
    Replied: 1/7/2014
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