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HCLegal
HCLegal, Attorney
Category: Bankruptcy Law
Satisfied Customers: 423
Experience:  I have filed over a thousand bankruptcy cases.
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This is a question involving a Chapter 7 case that was filed

Resolved Question:

This is a question involving a Chapter 7 case that was filed in December of 2011. The case involves a married couple. The debtor just died and the joint debtor (widow) wants to dismiss the case. The 341 hearing has not yet occurred. 2 questions: Can the widow just dismiss her case? Also, does a suggestion of death have to be filed if the case is going to be dismissed?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  HCLegal replied 5 years ago.

HCLegal :

Hello and thank you for your question again here on Just Answer.

HCLegal :

I am sorry to hear about the death...

HCLegal :

You cannot voluntarily dismiss a chapter 7 bankruptcy.

HCLegal :

I am surprised the 341 has not occurred yet as it normally only takes about 30 days for the 341 to be scheduled.

HCLegal :

If the debtor does not appear at the 341 then the trustee will file a motion to dismiss for not attending.

HCLegal :

Otherwise you would have to convert to a chapter 13, then you could voluntarily dismiss the bankruptcy.

HCLegal :

Please let me know if you have any other questions.

HCLegal :

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Customer: replied 5 years ago.
The 341 got continued because of the Debtor's illness...He submitted interrogatories...
Expert:  HCLegal replied 5 years ago.
I am not sure what happened to our Chat.

But please let me know if you have any questions regarding my answer and I will do my best to explain or clarify.

thank you,

HCLegal
HCLegal and other Bankruptcy Law Specialists are ready to help you