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.
is it safe to file for voluntary dismissal of chapter 13 bankruptcy
Yes, essentially. A voluntary dismissal with prejudice indicates that the plaintiff has voluntarily dropped the case and cannot file suit again. A voluntary dismissal without prejudice gives the plaintiff one more chance in court.
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".
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.
Seven (7) years from the date of dismissal.
To file a wrongful dismissal suit in Alberta, file a petition with the court. Only a judge can dismiss the suit.
You can get an attorney or get a paralegal to help you, or find a law library or public library that has books the lawyers use. Just because you file a motion does not mean it will be allowed. Remember to follow the rules for giving notice to the creditors and trustee. This is not just a piece of paper.
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.
No., because a dismissal means the BK case was thrown out.
They would do that in order to reserve the right to re file the suit at a later date. If they did not dismiss it and it went to the judge to decide and they lost due to lack of evidence they would not be able to sue you again. But if they withdraw the suit they can refile when they can prove their case.
One must file a petition with a court in the area which one lives. This can be a voluntary or involuntary petition. This will cost $1000 to file along with other fees. Finally a plan must also be filed for approval with the court.
A Chapter 7 case is commenced by the debtor filing a voluntary petition or at least three creditors filing an involuntary petition. A husband and wife can file a joint petition. 11 USC § 302.