About Chapter 7 Bankruptcy

Asked over 3 years ago - Columbus, OH

I live in Ohio. My Lawyer filed a chapter 7 Bankruptcy for me---now i do not want to go through with it. I don't want to go to jail for not showing up. My lawyer says he will charge me for filing a paper with the court. Can I file this myself? And what do I have to file? In the chapter 7 i filed to keep my house so does that make a difference. I am on SSI and don't have the money to give my lawyer anything else. What should I do?

Attorney answers (2)

  1. Darcel Andrel Lobo

    Contributor Level 9

    1

    Lawyer agrees

    Answered . You need to discuss the decision to dismiss your Chapter 7 with your attorney. In order to voluntarily dismiss you ahve to Show Cause as to why the Court should grant your dismissal. A debtor does not ahve the unilateral ability to dismiss their bankruptcy once filed. Also, keep in mind that even if you do dismiss, hte bankruptcy is on your credit report adn will stay there despite the dismissal. It may be in your best interest to proceed with your Chapter 7.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . When you file a Chapter 7, it isn't easy to just back out because you changed your mind. You can't just file a piece of paper asking to back out and be certain the Judge will say "okay."

    In addition, the Bankruptcy Trustee now owns your property. Although you may have claimed certain items as exempt, there are not exempt until your trustee meeting is completed and 30 days have elapsed.

    What you should do is listen to the advice of your attorney. I wouldn't have filed a Chapter 7 case for you unless I believed it was in your best interests and I suspect your attorney has the same way of thinking.

    Hope this perspective helps!

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