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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37814
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I am filling CH 7 bankruptcy, in Arizona and dont like some

Resolved Question:

I am filling CH 7 bankruptcy, in Arizona and dont like some of the things I am seeing. If I want to, how could I derail it?, when could I file again?. I have had a meeting of the creditors.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.

If you have had a 341 meeting of creditors, then you are not "filing" bankruptcy -- you have already "filed."


You can ask the court to dismiss the bankruptcy for "cause," however, for Chapter 7, you must convince the court that the dismissal will not prejudice your creditors interests. Other grounds for dismissal would be failure to file papers as required by 11 USC 521 (e.g., tax returns).


After a dismissal, if you file Chapter 7 again within 12 months, the automatic stay will be lifted after 30 days, and your creditors can continue to attempt to collect against you.


Hope this helps.


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