Derek R. Caldwell
Derek R. Caldwell, Chapter 7 Bankruptcy Attorney - Raleigh, NC
Posted over 1 year ago.

I agree that you can instruct your attorney not to file your case if it has yet to be filed. However, you cannot just direct your attorney to withdraw your case once filed and have it withdrawn. As Ms. Sinclair points out, you have to file a motion showing good cause, serve the motion and notice giving opportunity to object on all creditors and the trustee, and at least get the trustee to agree. There is no right to dismiss a Ch7. You can dismiss a Ch 13 without consent of the court (usually), but you have to get a court order allowing dismissal of a 7 and they are rarely given.

Judy A. Goldstein
Judy A. Goldstein, Divorce / Separation Lawyer - Mokena, IL
Posted over 1 year ago.

Thank you for your polite explanation.