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Thank you for helping us with our matter, Mr Flynn. I also

 
John A. Flynn, Esq.'s Avatar
  • Answered by:John A. Flynn, Esq.
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Customer Question

Thank you for helping us with our matter, Mr Flynn. I also would like to find out if it's better to file another bankruptcy case as a Chapter 7 or a Chapter 13 again. I want to make sure that we keep the car, and that we have an option to dismiss the case again, if there is a need for that. Since you already know our case, what would you recommend?

 

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State/Country relating to question: Florida

Submitted: 316 days and 5 hours ago.
Category: Bankruptcy Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  John A. Flynn, Esq. replied 316 days and 3 hours ago.

If you want to have the flexibility of dismissing, you can only file a Chapter 13. Once you file a Chapter 7, you cannot voluntarily dismiss, but must seek court permission for reasonable cause. Also, in Chapter 13, the Trustee cannot seize property, as a Chapter 7 trustee can, so in Chapter 7 it is possible you might lose the car, whereas in Chapter 13 you will not. Based on everything you've told me in your prior questions, Chapter 13 is the only way to go.

Expert TypeAttorney
Category: Bankruptcy Law
Pos. Feedback: 95.2 %
Accepts: 53
Answered: 5/24/2012

Experience: 12 Years Experience in Bankruptcy - Mid-South Super Lawyer

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