What are the steps for a voluntary dismissal of bankruptcy chapter 13? 21 Answers as of June 19, 2014

I am in chapter 13 and have decided to give up my home (not worth upkeep of what is owed/property value). How can I voluntarily dismiss my plan?

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Benson Law Firm
Benson Law Firm | David Benson
File a motion to dismiss.
Answer Applies to: Ohio
Replied: 6/19/2014
Stephens Gourley & Bywater | David A. Stephens
If it has not been converted or dismissed before now you file a request for dismissal.
Answer Applies to: Nevada
Replied: 6/19/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Prepare and file motion to dismiss. If you stop making Chapter 13 Trustee payments, the Trustee will file motion to dismiss your case.
Answer Applies to: Colorado
Replied: 6/19/2014
Law Office of Melissa Botting | Melissa Botting
If the bankruptcy was a voluntary filing, it can be dismissed by filing a motion to dismiss. The court will set a hearing on the dismissal, but it is usually granted.
Answer Applies to: Texas
Replied: 6/19/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
File an ex parte motion with the court to dismiss your case. You have the absolute right to do this at any time in a Chapter 13 case.
Answer Applies to: Nevada
Replied: 6/19/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can do it by motion, or stop making the payments and the trustee will dismiss it.
    Answer Applies to: California
    Replied: 6/19/2014
    The Law Offices of Andrew D. Myers
    The Law Offices of Andrew D. Myers | Andrew Myers
    The procedure is very simple. All you do is file a Voluntary Motion to Dismiss Chapter 13 Case pursuant to 11 U.S.C. 1307(b). That section of the U.S. Bankruptcy Code provides that the court "shall" dismiss the Chapter 13 case at any time upon request of the debtor, unless the case was converted to a Chapter 13 from a Chapter 7, 11 or 12. However, I caution you to consult with an experienced bankruptcy attorney before you consider pulling the plug to become aware of other ramifications and issues you may well face. So it is in your best interest in the long run to fully evaluate ramifications of a voluntary dismissal before you pull the plug. I truly hope this information gives you help and perspective.
    Answer Applies to: Massachusetts
    Replied: 6/19/2014
    EDWARD P RUSSELL | EDWARD P RUSSELL
    You can just file a statement with the court that you are voluntarily terminating the bankruptcy.
    Answer Applies to: Minnesota
    Replied: 6/19/2014
    Emery, Kast & Walker, PLLC
    Emery, Kast & Walker, PLLC | Felecia Leann Walker
    You can either file a Notice of Voluntary Dismissal with the Court or request it verbally at the next confirmation hearing (if your case isn't already confirmed). If so, be sure to request that all funds on hand be returned to you less the Trustee's costs.
    Answer Applies to: Florida
    Replied: 6/19/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You can file a motion with the court or just stop paying plan and the case will get dismissed for failure to not pay. I would recommend that you either modify your plan to take the property out which will lower your payment or convert to a chapter 7 as you would still like to get a discharge of all debt.
    Answer Applies to: Florida
    Replied: 6/19/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    The right way to do it is to file a motion for voluntary dismissal, but if you stop paying the trustee, the trustee will file a motion to dismiss your case as well.
    Answer Applies to: New York
    Replied: 6/19/2014
    Law Office of Shawn N. Wright | Shawn N. Wright
    There are two ways to answer your question. First, if you have other debts that you are repaying through your existing Chapter 13 plan, then you can file an Amended Chapter 13 plan and surrender your home through the new plan. The second option is to simply file a motion to dismiss your existing Chapter 13 case. The problem there is that you are now without any bankruptcy protection, and you could wind up being sued for a deficiency judgment on the mortgage (when you still owe a balance after the sheriff's sale), or you could be assessed a 1099-C (IRS Cancellation of Debt) on your mortgage loan, again after the sheriff's sale. So, being in bankruptcy and eventually getting a discharge of debts may still of great benefit to you.
    Answer Applies to: Pennsylvania
    Replied: 6/19/2014
    Hoang & Tran PLLC | Adam Tran
    You should consult with your attorney so that he may file the motion to dismiss the case.
    Answer Applies to: Texas
    Replied: 6/19/2014
    Idaho Bankruptcy Law | Paul Ross
    You file a Motion to Dismiss. However, I would visit with your attorney about whether a conversion to a Ch 7 might be available and in your best interests. You can also just stop making payments and your Trustee will file a Motion to Dismiss for you.
    Answer Applies to: Idaho
    Replied: 6/19/2014
    Ronald K. Nims LLC | Ronald K. Nims
    File a motion with the bankruptcy court to "voluntarily dismiss without prejudice".
    Answer Applies to: Ohio
    Replied: 6/19/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    You always have the right to voluntarily dismiss your Chapter 13 case simply by writing to the court and telling them you want to do that. If you don't have a lawyer already, however, you should consider whether you might be better off converting to a Chapter 7 instead of dismissing the case outright. If you have any other debt, you might still want to discharge that through a Chapter 7 if you qualify. You should also consider whether you will be taxed on the mortgage debt forgiveness if you don't discharge it in bankruptcy.
    Answer Applies to: Oregon
    Replied: 6/19/2014
    Danville Law Group | Scott Jordan
    Is that your only debt? Do you have any unsecured debts? If yes, you may want to consider converting to a Chapter 7. Also, before you decide to voluntarily dismiss, you should speak with an attorney regarding the consequences of such an act. To answer your question, you can either stop making the payments and the Trustee will dismiss or you can file a motion to dismiss.
    Answer Applies to: California
    Replied: 6/19/2014
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    File a Motion to Dismiss your case.
    Answer Applies to: California
    Replied: 6/19/2014
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    All you have to do is file a simple one paragraph motion to dismiss with the Court.
    Answer Applies to: Oregon
    Replied: 6/19/2014
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    You need to file a request for dismissal. A debtor has the right to dismiss his or her Chapter 13 case when desired, but if you used the case to simply get more time living in the property without paying rent instead of trying to perform under a Chapter 13 plan, the Court may impose a bar to re-filing for Chapter 13 protection for 6 months or longer.
    Answer Applies to: California
    Replied: 6/19/2014
    Law Office of Peter M. Lively
    Law Office of Peter M. Lively | Peter M. Lively
    File a motion for voluntary dismissal and wait for the order to be entered.
    Answer Applies to: California
    Replied: 6/19/2014
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