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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I filed a voluntary chapter 11 personal bankruptcy in Delaware.

Resolved Question:

I filed a voluntary chapter 11 personal bankruptcy in Delaware. The UST Trustee moved to convert or dismiss and the Court agreed. The Court converted to a 7 despite my desire to dismiss. Can I now move to dismiss the converted 7 becuase I originally filed a voluntary bankrutcy. Does a conversion make it now "involuntary?"
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

The conversion does not make your voluntary bankruptcy "involuntary". However a chapter 7 bankruptcy may not be dismissed absent court approval. If you qualify for a chapter 13 bankruptcy, you have the absolute right to convert to a chapter 13 and then the absolute right to dismiss a chapter 13. If you do not qualify for the chapter 13 you will need to obtain court approval to dismiss your chapter 7.

Customer: replied 6 years ago.
If I want to dismiss the bankruptcy instead of being in Chapter 7 against my will (so to speak) can I move the Court to dismiss? Or file a Motion for reconsideration.
Expert:  Ellen replied 6 years ago.
If I want to dismiss the bankruptcy instead of being in Chapter 7 against my will (so to speak) can I move the Court to dismiss?
yes
Or file a Motion for reconsideration.

yes
Ellen and 3 other Bankruptcy Law Specialists are ready to help you