Elawyers Elawyers
Virginia| Change
Asked in Merritt Island, FL Jan. 27, 2015 ,  9 answers Visitors: 28
I filed for chapter 7 bankruptcy on Jan 22nd & am having second thoughts. Is it reversible?
Tag:  Show more
Data From  AVVO

9 Answers

Anonymous
Reply

Posted on / Jan. 30, 2015 17:20:59

Please contact your Bankruptcy Attorney and discuss your circumstances for your change of thoughts.

Anonymous
Reply

Posted on / Jan. 29, 2015 11:48:47

Bankruptcy Judge Raymond B. Ray once described filing a Chapter 7 bankruptcy without knowing all the fact akin to jumping into quick sand. You will drown. Having said that, you do not have the absolute right to dismiss a Chapter 7. If you do not file all the required documents, the Clerk will dismiss the case. However, the Chapter 7 Trustee may file a motion to force you to file the required papers and attend the Meeting of Creditors. If the Chapter 7 Trustee gets wind that you may actually have non-exempt assets, there is no way he will allow you to dismiss the case. He/she may agree to allow you to convert the case to a Chapter 13 case as long as his administrative expenses are paid, and the condition that if the chapter 13 case is dismissed, then it be reconverted to a Chapter 7. I have had these situations in at least 15 cases. There is at least one Chapter 7 Trustee in Broward County who will fight tooth and nail to keep your Chapter 7 case alive and will oppose any attempts to dismiss or convert your case to a Chapter 13 case. Which Trustee you get is a luck of the draw.

If you do not have non-exempt assets or any kind of fraudulent transfer issues, you should continue with your Chapter 7 Bankruptcy, and get a discharge [legal forgiveness] of your debts so creditors can stop harassing you. The mere fact that you filed a bankruptcy will remain on your credit for 10 years irrespective of whether you go forward or get it dismissed.

Anonymous
Reply

Posted on / Jan. 27, 2015 20:55:32

I disagree a bit with some of the commentators that claim that simply failing to attend the meeting of creditors will lead to dismissal. While that certainly does occur, I have seen situations where a creditor and/or the trustee have filed motions to compel you to attend the meeting of creditors and cooperate in the bankruptcy process. In other words, easy to get in but not automatic to get out. I suggest filing a motion to dismiss and explaining your situation to the bankruptcy judge. An even better suggestion is to see a competent bankruptcy attorney in your area to review your situation and properly advise you as to all of your options so that you can pick the best one for you.

Anonymous
Reply

Posted on / Jan. 27, 2015 18:49:26

A Chapter 7 is not "voluntarily dismissed" you will have to file a motion to dismiss the case. The case can also be dismissed for not attending the 341 hearing or not filing your schedules and class certification. Unfortunately, you cannot reverse it nor the information on your credit report. Your question does not give enough information on whether you should continue. I advise you to speak to a bankruptcy attorney in your area before making any haste decisions.

Anonymous
Reply

Posted on / Jan. 27, 2015 02:49:29

In addition to the accurate responses provided by the other attorneys, consider this--your bankruptcy filing will show up on your credit reports for 10 years, regardless of whether you go through with the bankruptcy. Since your credit is going to take a hit no matter what, it is in your interest to see if going through with the bankruptcy is in your best interest. And that is something that you can learn only with an in-depth discussion with a bankruptcy attorney. Since most bankruptcy lawyers do not charge for initial consultations, you have everything to gain and nothing to lose by consulting with an attorney.

Anonymous
Reply

Posted on / Jan. 27, 2015 02:17:01

You cannot hold against someone that they do not want to negotiate with you. Just because you want an agreement does not mean that people have to agree with you or the Court will make them come to an agreement with you. You do not have an automatic right to dismiss your Chapter 7 case. You would need court permission to do so.

Anonymous
Reply

Posted on / Jan. 27, 2015 02:16:01

First, we do not know what you mean by "deposed" of a credit card lawsuit. Do you mean you went to a deposition?

SEcond, persons file bankruptcies for two goals: to keep your assets and to discharge all dischargeable debts. If you are able to do that then you might want to remain in bankruptcy but without more facts we cannot provide any better answer. However, sitting down with an experienced bankruptcy attorney will lead to being fully informed to that the attorney can then explain your options and which one they suggest and why!

Third, if it is an asset case, then a trustee may in fact object so that the creditors can receive some monies. But in most (99%) of cases filed, the creditors do not receive any payout!

Fourth, now lets assume your speak with an attorney coming up before your 341 meeting which will be approximately at the end of February, what can you do to obtain a dismissal the cheapest? Frankly, what if you simply do not go to any 341 hearing and don't file any other schedules if such are missing? Normally, the US TRustee will move to dismiss your case!

I have no clue what you mean about "hold that against the opposing attorney". Sorry. If you explain more, I can maybe address your thoughts.

Before you act, sit down and speak to an experienced bankruptcy attorney though. Good luck. I hope I have helped you also.

Anonymous
Reply

Posted on / Jan. 27, 2015 02:10:10

If you don't file all your schedules would not appear up at 3:41, case will probably be dismissed. But you filed in haste, you should really sit down and talk with the bankruptcy lawyer before you decide what to do

Anonymous
Reply

Posted on / Jan. 27, 2015 01:59:28

Unfortunately your question reads a bit confusing.

" I have been deposed of a credit card lawsuit" Are you saying you were sued by a credit card?

"I had been trying to negotiate but the opposing attorney would not respond" The creditor is not required to negotiate with you.

You do not have an absolute right to dismiss a Chapter 7 bankruptcy, but as long as there are no assets there are ways to have the case dismissed that should not be objected to. You should go sit down with a local Chapter 7 lawyer to discuss is Chapter 7 is right for you and if not, what you need to do.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer