How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
15345323
Type Your Bankruptcy Law Question Here...
Terry L. is online now
A new question is answered every 9 seconds

When filing for bankruptcy can you withdraw from it if you

Resolved Question:

When filing for bankruptcy can you withdraw from it if you change your mind before it becomes final? If so how long do you have to decide after the initial papers are filed?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Once it is filed, it becomes permanent, at least the fact that you filed will show on your credit report, regardless of the result.

Terry L. :

The court, may allow you, on motion, to dismiss the case. This is rare for chapter 7, especially if there are assets found.

Terry L. :

It is more common in chapter 13.

Terry L. :

Can you provide me with reasons why you want to dismiss the case?

Terry L. :

You need to bring a motion. There is no automatic right to dismissal, so it will be in the court's discretion.

Terry L. :

If there are assets, the courts lean to keeping them open, as the creditors will get something from the liquidation. Debtors say they will repay the debts, but the courts realize that there is no guarantee they ever will. With an asset liquidation, the creditors will get something, now, which is what the courts side with generally.

Terry L. :

Let me know if you have any other questions.

Terry L. :

Good luck, thanks for your question.

Customer:

Maybe you did not understand my question. I understand when the paperwork is initially filed creditors have to stop contacting and pursuing you - that said how long before you have to go to court for the bankruptcy? Can you file the intial paperwork and then have some breathing room before completing the process? Say for example you were expecting a job offer that would change your situation and not make bankruptcy necessary. In our case there are no assets to come after.

Terry L. :

I se

Terry L. :

se

Terry L. :

see

Terry L. :

Once you file the initial documents, the rest of the paperwork is due within a short period. up to 2 weeks for some, date of filing for others.

Terry L. :

if you fail to file documents, then the case will draw a motion to dismiss

Terry L. :

The hearing you have is about 30 days into the case

Terry L. :

Once a case is dismissed, then automatic stay protection drops as well.

Terry L. :

Most cases are filed in their entirety on the date of filing.

Terry L. :

Do you have another question?

Terry L. :

If you have a job offer when filing, you should indicate that on schedule I.

Terry L. :

As I stated before, most of the time, debtor's cannot dismiss a case voluntarily, except on order by the court.

Terry L. :

Even if you can show that you can afford the debts now, the court would likely request you to convert to chapter 13 to repay debts thru a chapter 13 plan.

Terry L. :

Do you have any other questions?

Terry L. and other Bankruptcy Law Specialists are ready to help you