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Category: Bankruptcy Law
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Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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What is the procedure for withdrawing a chapter 7 petition what

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What is the procedure for withdrawing a chapter 7 petition? please provide the appropriate code references helps to write the motions.


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on


U.S.C. 28 SEC. 157 (D)


The district court may withdraw, in whole or in part, any case or proceeding referred under this section, on its own motion or on timely motion of any party, for cause shown.

The district court shall, on timely motion of a party, so withdraw a proceeding if the court determines that resolution of the proceeding requires consideration of both title 11 and other laws of the United States regulating organizations or activities affecting interstate commerce.


The law is above which you would need to cite, in your motion,


be aware. you have to provide cause to withdraw or have your case dismissed as well, and the trustee could oppose it as well.


The above link is a good sample motion which you can use.


thank you great work,

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