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
To initiate a Chapter 13 voluntary dismissal, you must file a motion for dismissal with the bankruptcy court where your case is pending. This typically involves completing the necessary forms and providing a reason for your dismissal. It's important to notify your creditors and the bankruptcy trustee, and you may need to attend a hearing if the court requires it. Once approved, your case will be dismissed, and you will no longer be under bankruptcy protection.
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.
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.
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".
Seven (7) years from the date of dismissal.
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.
To file a wrongful dismissal suit in Alberta, file a petition with the court. Only a judge can dismiss the suit.
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.
Yes, you can file for Chapter 7 bankruptcy after a Chapter 13 case has been dismissed. However, there are specific conditions and waiting periods that may apply, particularly if your Chapter 13 was dismissed due to your failure to comply with the repayment plan. It's important to consult with a bankruptcy attorney to understand the implications and ensure you meet the requirements for filing Chapter 7 afterward.
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.
No., because a dismissal means the BK case was thrown out.