Unfortunately, you can't just file a notice and dismiss the case and everything was as it was before you filed. Once the process has started, you have to get court permission to let you dismiss. Permission will only be granted if there's a very good reason.
If you want to dismiss the action, you should have your attorney file a motion to dismiss.
If you are not granted a dismissal, an inheritance becomes part of a debtor's Chapter 7 estate if the decedant (grandmother) died before the case was filed or within180 days after the filing. It does not matter if the estate was not probated or funds distributed - the relevant date is the date of death of the person leaving the property, which triggers the claim of the debtor.
Since the inheritance is property of the estate, you will need to amend the petition to reveal this asset and the Chapter 7 trustee will step into your shoes for purposes of liquidating the estate's interest. What will most likely happen - the trustee will contact the executor and the other beneficiaries and ask them to buy out the estate's interest, possibly at a discount since the asset is not liquid.
I filed pro se. I also put myself on a payment plan, the acceptance of which stated that failure to pay the total due would result in an automatic dismissal. Is this a way to get around the request for dismissal?
When would I have to notify the trustee of the inheritance?
If you have a repayment plan, you should not be in Chapter 7 as that is a complete liquidation. You must be in a Chapter 13.
In either case, you have to file a motion to dismiss and get the court to grant your request.
Like I said, the botXXXXX XXXXXne is that you're going to have to get the court's permission. If you allow the repayment plan to go into default, the court has the right to dismiss the action, which would work in your favor.
However, my suggestion would to file a simple motion to dismiss the case based on your increased income, which will allow you to pay the creditors.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).