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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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Get This.I just filed my BK 7 papers(did it myself) with the

Resolved Question:

Get This.I just filed my BK 7 papers(did it myself) with the court.One of the main reasons I was filing was I was facing a lawsuit from one of the charge cards.Literally right after i walked out of the bankruptcy court i got a call from the plantiff willing to settle for $1,000.I had called and written them to settle for a very low amt because I am so broke.
So my question is can I stop the BK now that I filed.If so,how hard,how fast and what is the process for it.If i did cancel,could I ever file again? Thx.
This is my luck in life has always had this terrible timing.Thx for your help.
I really dont have that much more debt so i prefer not to file.
Also,if I can cancel does the BK filing still get reported as a public record?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 5 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. If you have just filed, and have not had your hearing, you can go to the clerk's office and obtain a form called request for dismissal. and if the clerk will not give it to you, wherever you purchased the forms will also have this form. And you need to complete it, file it with the court and send a copy to the trustee that has been assigned to your case which the court clerk will provide you the name of. But do this quickly. Note, however, that since your filed,even if it is dismissed, it is now public record that you filed though it will show also that your case was dismissed. Finally, yes you can file again as your dismissal is without prejudice allowing you to file immediately if you need to.
Customer: replied 5 years ago.
Since it will show as a public record but dismissed does it look any better that it is dismissed or will the dismissed bk be no better than a BK that was discharged
Customer: replied 5 years ago.
I sent u a reply.also can I get the filing fee back? Probably not?
Customer: replied 5 years ago.
I called the clerk who said there is no standard form.I would have to file a motion to judge.Is that true?
Expert:  dylatess replied 5 years ago.
The form is request for dismissal. And page two of the form is the order for the judge to sign. And you file it with the court, the form is then sent to the judge who is assigned the case. And he signs it without a hearing after you have served the trustee and your creditors. So technically you can call it a motion but it is really a request as there is no oppostion.
dylatess and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
How would u suggest I proceed.The plaintiff said he can't settle if I filed bk.Do I get a contingent l
from plaintiff if I get bk dismissed. they will settle for a
$1,000.I assume I don't get back my filing fee.How is a dismissed bk. viewed by creditors or employers vs a regular bk?
Expert:  dylatess replied 5 years ago.
You are posting several questions that are not follow up. And I would be happy to answer your questions if you request me at the beginning of your new post.

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