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The exact procedures will vary by the rules of your local bankruptcy court, but a Chapter 13 debt can voluntarily dismiss a bankruptcy at almost anytime. Where I practice law, the debtor just needs to complete and sign a one page form and submit a proposed order. Both are forms you can get from the local bankruptcy court. The website for your local bankruptcy court should have the forms you need.

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โˆ™ 2006-03-27 00:23:52
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Q: How do you file a motion to dismiss a chapter 13 if you want to pay the creditors off?
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Related questions

What happens if you default on a chapter 13?

The the Trustee can file a motion to dismiss your bk.

What happens if you file chapter 13 and defaults on payments?

The trustee will file a motion to dismiss to get your BK case thrown out.

If a Motion for Relief from Stay is filed can the debtor file a motion for dismissal and sell the property to an interested party?

A Chapter 7 debtor can move to dismiss the cause for cause, but he or she must demonstrate that the dismissal will not be prejudicial to the creditors in the case. A chapter 13 is easier to dismiss, so could trying converting to a 13 and this dismissing the Chapter 13. Now SHOULD you do this? That depends on a number factors, including how much money you can get by selling the property privately without violating the creditor's rights.

Can you dismiss a chapter 7 bankruptcy after you file it?


Can a defendant file to dismiss with prejudice?

You can present a motion to the court to dismiss your case - the judge will decide if it's 'with prejudice' or not.

How do you convert a chapter 7 bankruptcy to a chapter 11?

You file a motion to convert, with copies to the trustee, the US Trustee and creditors. You have to file the appropriate documents for a chapter7 and may have to amend filed documents. Check your court's local rules and forms.

File a motion to dismiss plea in Florida traffic court?

Go to the Clerk of the Court's office - get a motion form - fill it out - and file it with the Clerk.

How do you answer complaint and get it dismissed?

You file an answer and file a motion to dismiss, citing a legal reason why the case should be dismissed. Then you ask the court for a hearing so that you can argue your motion.

How can you ask the judge to dismiss injunction prior to court date?

You could file a motion.

How do you file for a motion to dismiss for failure to answer a discovery?

You file a motion to compel (take a look at federal rules of civil procedure 26 and 37) asking the Court for sanctions against the party. One of the remedies may be to dismiss a claim etc..

How do you withdraw chapter 13 bankruptcy filing?

By not making your payment to the trustee. He will see you fell behind, and file a motion to dismiss your case. OR, pay back the entire amount you owe in a lump sum.

Money from creditors when you file chapter 13?

go to they have a lot of information about bankruptcies.

How are you notified if a creditor is disputing a debt discharge when chapter 7 bankruptcy is filed?

If I understand your question, the creditor would file a motion with the court objecting to the debt in question being discharged. The creditor has to serve the motion (by mail) on you. The motion would let you know of when the hearing is scheduled. You should go to the court on that date and time to oppose the motion if you have any opposition. You should also file a written answer letting the court know that you oppose the motion and why. Go to the court and ask them if they can show you how to file an answer. Creditors have a deadline for when they can file such a motion. The deadline date is listed on the bankruptcy notice the court mailed to you and your creditors. If the motion is brought after that date, it is no good. If you haven't received such a motion by that date, then you are in the clear.

If you file a chapter 13 and the judge dismisses your case and gives you a 180 day bar what motion can you file to remove that?

File a motion to re-consider.

When can you file a motion to dismiss in a capital murder case?

A motion to dismiss can be entered any time after indictment or charge, and before disposition is entered at trial. The more critical factor is finding adequate grounds for the dismissal.

How does a person file for chapter 11 bankruptcy?

To file chapter 11 bankruptcy one must propose a plan and then must find creditors to agree with this plan. Then, the person must take the plan and creditors to bankruptcy court where the judge will decide whether the plan can work or not. As long as the judge and all the creditors agree then that person can follow through with the plan and be in chapter 11 bankruptcy.

Is there a form to file a Motion to Amend a discharged no-assets Chapter 7 and add previously unknown creditors of debt incurred before filing?

No, there is not an option for reopening a discharged BK to add creditors, such action only applies to assets or income that was not included in the original filing.

Can creditors still contact you after the discharged date of chapter 7?


What if you filed bankruptcy can you change your mind?

Under some circumstances the court will allow you to stop your bankruptcy if you can prove it will not cause harm to your creditors. File a motion to dismiss your case. Some courts will not allow you refile within a certain amount of time after changing your mind.

Can you file a chapter 7 from chapter 13 if you lose your job?

If you first were filing a chapter 13 you can change that to a chapter 7, it is called "motion to convert".

Will they take your horses if you file for bankruptcy?

It depends. If you file Chapter 7, your attorney will help you with exemptions that may OR may not cover your horses; if not covered, the trustee may take them. If you file Chapter 13, generally no; your creditors will be paid from future income.

How do you get your chapter 7 bankruptcy case dismissed when you have no attorney clerk was unable to help?

You will need to file a "motion to dismiss." Don't forget to serve your motion on the trustee and us trustee. Unfortunitely, you do not have a "right" to dismiss your case. The court will typically set a hearing to hear your reason for the request. Don't be surprised if your trustee objects to the dismissal if there are assets. (They receive a percentage of the value liquidated). The court may also dismiss your case if you have not complied with all of the filing or fee requirements.

Will you get rid of credit card debt with bankruptcy?

No. If you file bankruptcy, you are basically telling the creditors that you don't have any funds to pay them. Your finances are being held by the court and the lawyers will tell the creditors that you filed bankruptcy. You are still responsible for the debt. WRONG! If you file bankruptcy and file a chapter 7, if the judge approves your appeal all your credit card debts are erased, and creditors have to stop calling and harassing you. If you file a chapter 13, you are still responsible for a certain portion of your debt, to be paid over a 5 year period, and creditors have to stop calling and harassing you.

Who can file a proof of claim in any bankruptcy proceedings?

In a chapter 7, with a no-asset notice, no claim can be filed. In a chapter 13, all creditors should file a proof of claim within the time period provided.

Do you have to be behind on payments to your creditors to file bankruptcy?

No. You can file any time. You actually don't even have to have any debt to file. Anyone can file anytime as long as you meet the minimum reqirements for each chapter.