is it safe to file for voluntary dismissal of chapter 13 bankruptcy
There really isn't much difference in these cases. The difference is just one of how they were filed. Both are voluntary dismissals.
You can have your Chapter 7 claim dismissed as long as the dismissal will not harm your creditors. This is filed with the court in much the same way as when you initially filed for chapter 7 bankruptcy
There is paperwork to fill out and a judge has to approve the dismissal. You can submit it to the trustee or judge in charge of your bankruptcy. If you have an attorney, the attorney can do this for you.
You can get a Chapter 13 bankruptcy dismissal by asking your lawyer to ask the trustee for a dismissal. If you are having trouble making the payments, you can ask for you bankruptcy to be modified.
Yes. If you voluntarily have a chapter 13 bankruptcy dismissed, your creditors will be notified of the dismissal.
Request a voluntary dismissal of the BK 13, and find another attorney if necessary.
The dismissal should be entered and the case dismissed within a few days of the time that you or your attorney submit it for filing with the bankruptcy court.
When any bankruptcy action is dismissed for any reason the debtor(s) lose(s) bankruptcy protection. This means creditors may pursue collection of the debt, including, in most situations filing a lawsuit. A chapter 13 bankruptcy dismissal will remain on the debtor's credit report for 7 years.
It is a voluntary (creditors) chapter 11
I f that was the main reason for filing the c. 13, you can. Make sure the lender knows about the bankruptcy and you have a refi commitment before you move to dismiss.
Two years after the date of the chapter 13 dismissal.
Voluntary insolvency, also known as voluntary liquidation, is a type o liquidation or bankruptcy that is supported by the members of the Board of the company and is not forced by Chapter 7 bankruptcy.
Contact the attorney that handled the BK or the BK trustee and inform them that you want to file a petition for a voluntary dismissal of the "13".
You can't. A valid entry for a dismissed chapter 13 bankruptcy will remain on a credit report for seven years from the date of dismissal.
No, once a bankruptcy is dismissed it has to be refiled after the time limit has expired. The time limit to refile after a chapter 13 dismissal is two years.
You can dismiss a bankruptcy anywhere (at least in the U.S.) Check with an attorney to see how this will effect you though. You will still have a bankruptcy on your record and will still owe everything. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
Normally takes a week or so. It depends on if the Judge orders a hearing (which some do, some don't). If there is a hearing, normally a few days later there will be an order to dismiss.
Instinct would say that you can withdraw a voluntary filing at any time before the final court decision. Generally, speaking to the Court Clerk where your case is docketed is the best way to find out what you need to submit to do so.
A Chapter 13 dismissal can be appealed. The US Bankruptcy Court can be appealed to. The process may take up to two years for resolution.
You can file for chapter 7 bankruptcy once every eight years forever. The judge can refuse to grant a dismissal and acceptance of your bankruptcy if there is a repeated pattern of deliberately incurring debt then seeking to have it forgiven.
Presuming it's a voluntary bankruptcy of course: The general consences from previous similar questions- Try asking the court clerk for the assigned judge. If a Trustee has been appointed, contact them. Don't appear for the 341 meeting. (Personally I think contacting before or at least appearing and advising the Trustee that you don't want to proceed is better.) If the BK is a chapter 12 or 13, a motion for dismissal is filed with the clerk of the bankruptcy court, all petitioners must agree to the dismissal and sign the petition. If it is a chapter 11 or 7 the motion is filed with the clerk of the bankruptcy court or the clerk of the bankruptcy appellate panel, and a hearing date is set to determine if the bankruptcy is subject to be dismissal. In the majority of cases, a conversion BK cannot be dismissed once it has been docketed. The petitioner does not need an attorney and forms can be obtained from the office of the clerk of the bankruptcy court. Needed information should always be requested from the office of the clerk of the court with jurisdiction.
Probably, though it may depend on why the case was dismissed. Consult an experienced bankruptcy lawyer about whether your dismissal order would present you with problems, and about whether filing another Chapter 13 or filing a Chapter 7 would be advisable.