Bankruptcy case chapter 13 - I would like to withdraw my…

You don't wish to continue with your chapter 13 bankruptcy?

You're welcome.

Then you don't have to do anything. If you fail to make the payment or file the appropriate documents your case will be dismissed anyway.

Serial filing is not normally applied to Chapter 13 because the debtor wants to keep the house and cases commonly get dismissed for lack of payment.

I'm trying to help you out.

Have a good rest of your day. Another expert will hopefully be able to better assist you.

Understood! I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.

No problem! I just need a bit of time to conduct some research and put together a thorough and accurate answer for you. I'll get back to you as soon as I can. It won't take too long, I promise!

If you want to dismiss a bankruptcy case and you need to file a motion for voluntary dismissal.

It would follow this format https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/F3015-1.18DEBTORMOTIONDISMISS.pdf, however, this is probably not for your specific Court. You should search your bankruptcy course site for the voluntary dismissal form. There should be one specific for your court.

If your court does not have a specific form like this and you'll have to draft one and can use something like this as a template since this is all under federal law anyway. Bankruptcy law is all federal law and applies the same everywhere.

You have the outright right to dismiss a Chapter 13 case (not the same in Chapter 7 since it is liquidation bankruptcy).

A debtor has a right to dismiss its Chapter 13 bankruptcy case if the bankruptcy began as a Chapter 13 case, but the court may place restrictions on a debtor's ability to file a subsequent bankruptcy case.

See Bankruptcy Code Section 1307 https://www.law.cornell.edu/uscode/text/11/1307 which addresses Chapter 13 conversions and dismissals.

Generally, any voluntary dismissal in Chapter 13 will be granted routinely if it does not prejudice any creditors. Which is unlikely if you have not even filed the schedules yet.

It is completely up to the court whether they borrow you from refiling or not based on your history of filings. There's really no way around that if the court orders a "prejudice period" or a time when you cannot refile. If anything that will only be 60 or 90 days maximum.

However, come by that is rather unlikely for a Chapter 13 dismissal. That is typically used when the case is filed in bad faith and/or the court dismisses it under its own motion.

I hope my response has fully answered your question. If you have any follow-up inquiries, just reply to this message and I'll get back to you as soon as I can.

I would not, no.  You cannot dismiss a bankruptcy to sell a property that would've fallen under the bankruptcy for a profit.