No, it is my personal opinion, as an attorney and also being a person who makes a real effort to deliver services when contracted, it's sort of immoral to get a person to work for you and have some sort of idea that you dont have to pay for their services, at the same time. Specifically, you owe at the very minimum, in quantum merit, for the lawyer's service. Side point: if you dont have an attorney, that's not a problem. You dont have to pay one. Side point: if that lawyer went through all the work to get the Chapter 13 proceeding filed, and all the benefits you had to get from the actions of the attorney, doesn't it sort of make sense that you sort of owe him? Lastly, the lawyer's bill is what is called 'unsecured' Which means you can shaft him at will. You need to understand, in my opinion, not paying the lawyer who has done stuff for you, is like not paying the auto mechanic who fixed your car: shafting and not a universal joint.
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.
is it safe to file for voluntary dismissal of chapter 13 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.
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.
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 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.
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 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.
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.
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.
It is a voluntary (creditors) chapter 11