How do I withdraw a bankruptcy petition that has a case number? 16 Answers as of June 27, 2013

Do I need a form before going down to the court clerk?

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Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
The following applies in Arizona. In a chapter 7 once you filed the bankruptcy you do not get out without a court order. In a chapter 13 just file a notice of dismissal of case. Normally, the court will follow through. There are very rare occasions when a chapter 13 will not be dismissed due to bad faith.
Answer Applies to: Arizona
Replied: 10/14/2012
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
You cannot just withdraw a bankruptcy petition. There is no form that can magically make a bankruptcy petition get dismissed, you have to file a motion and have a hearing in front of the bankruptcy judge.
Answer Applies to: Florida
Replied: 10/11/2012
LAW OFFICE OF MARGARET L. EVANS, PC
LAW OFFICE OF MARGARET L. EVANS, PC | Margaret L. Evans
- you can't voluntarily dismiss a Chapter 7 case, only a Chapter 13 case.
Answer Applies to: South Carolina
Replied: 10/11/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need a motion to dismiss your case. The clerk can not do that, only the judge.
Answer Applies to: California
Replied: 10/11/2012
Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
If you have filed for bankruptcy and the case is still active, you need to file a motion to dismiss the bankruptcy. However, this can be difficult to do, particularly if you filed for a chapter 7 bankruptcy. You should probably consult a bankruptcy attorney to see if it is possible to dismiss your bankruptcy case.
Answer Applies to: Illinois
Replied: 10/11/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can make a motion to withdraw, but it depends whether you filed a chapter 7 or a chapter 13.
    Answer Applies to: New York
    Replied: 10/11/2012
    Law Office of Norman Moore
    Law Office of Norman Moore | Norman P Moore Jr
    If your bankruptcy is a 7 you must file a motion, with notice, and have a hearing. If your bankruptcy is a 13 (unless it was converted from a 7) you may dismiss at any time.
    Answer Applies to: Wisconsin
    Replied: 10/11/2012
    The Needleman Law Office | Scott Needleman
    I would suggest you seek legal counsel. My name is Scott Needleman, founder of The Needleman Law Office, www.srneedleman.com or www. thecolumbusbankruptcylawyer.com. There is no fee for the initial consultation. It seems you need professional assistance to either save what you have already started or dismiss it appropriately and possibly refile.
    Answer Applies to: Ohio
    Replied: 10/11/2012
    William Bidwell, Attorney at Law | Bill Bidwell
    If you live in the Detroit/Flint area, you are in the Eastern District. Google bankruptcy court eastern district of Michigan.Otherwise, you are in the Western District. The website should list all forms. You would need to file a Motion To Dismiss and provide a reason for wanting to dismiss (withdraw) the case.
    Answer Applies to: Michigan
    Replied: 10/11/2012
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Depends on the reason. Generally, you cannot withdraw a petition once it is filed.
    Answer Applies to: Indiana
    Replied: 10/11/2012
    Balena Law Firm
    Balena Law Firm | William Balena
    Chapter 13 you can voluntarily dismiss. You can't drop a chapter.
    Answer Applies to: Ohio
    Replied: 10/11/2012
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If it is a Chapter 7 case, you can't! You must ask the Court for permission to dismiss the Bankruptcy and it is unlikely that the Court will grant this motion. All requests to the Court must be made in writing, and whether or not there is a local form, you must have the pleading prepared, with a notice of the hearing, a court date scheduled, and a proposed order. It is a lot easier to dismiss a Chapter 13 because although you do need Court permission, the Court will grant your motion without a hearing & without needing any explanation.
    Answer Applies to: Nevada
    Replied: 10/11/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If it is a chapter 7 case, if you have not gone to the 341(a) meeting of creditors and do not go, most of the time the case will be dismissed automatically for failure to appear.
    Answer Applies to: California
    Replied: 10/11/2012
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    You will need to file a Notice of Voluntary Dismissal." This may be a very bad idea. It could cost you a lot of assets and time off work, if you are wrong. The time has come to go see an attorney, explain the facts and get some solid advice. You may not be allowed to dismiss. And you may be trying to dismiss for a wrong reason. Please, get some advice soon. You are not playing checkers..
    Answer Applies to: Ohio
    Replied: 10/11/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    If its a Ch 7 you cannot dismiss without permission of the trustee or the court. If its a Ch 13 you have right to dismiss at any time by filing a motion.
    Answer Applies to: Colorado
    Replied: 10/11/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    You can fill out a form.
    Answer Applies to: New Jersey
    Replied: 6/27/2013
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