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I filed a chapter 7 bankruptcy. Can I stop it in court

Westerly, RI |

I feel the lawyer lied to me, and I want to stop a chapter 7 bankruptcy. What can I do?

Attorney Answers 4

Posted

See another lawyer for a second opinion. No, it is not that easy to "stop" (or dismiss) a Chapter 7 case after it is filed.

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Posted

First, I believe that communication is always the key. Approach your current attorney and tell him/her why you feel like they were not honest. By focusing on the facts, state why you believe that what you now know is different than what you were told. A lot of times client/lawyer relationships can be made stronger through open communication. If your differences cannot be worked out - be honest with him. Tell him what you are feeling and ask him what he suggests that you do to rectify the situation. Most lawyers will work with you to try to obtain the results you were looking for. If you are CONFIDENT that the attorney lied to you (rather than it being a misunderstanding) then I would consider firing that attorney and seeking alternative counsel. I hope that by openly expressing your feelings/frustrations you and your current attorney can repair the apparently battered relationship.

I am an attorney licensed to practice law in Ohio and some Federal Courts throughout the United States. I am not answering your question to solicit you as a client and there is a good chance that I am not licensed to practice law in the state that you reside. I hope that you find my assistance beneficial and, at most, use my advise as a finger pointing in the right direction. An attorney client relationship is not established by posting back and forth online. One of the most beneficial aspects of working with an attorney is the attorney client privilege which does not exist when you post personal facts online to faceless strangers. Hire an attorney if you want specific legal advise. If you cannot afford one, call your local bar association or search "(your city) legal aid" online. The fact that you took the time to post your question online likely means that you could use the aid of an attorney. Call around your area and see if any local attorneys offer free consultations.

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I agree with previous two attorneys. Want to add that, if this is an asset case the trustee will object to dismissal.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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You need to contact another bankruptcy attorney immediately to discuss your options. It is possible to have a Chapter 7 case dismissed, but you need to make an extremely persuasive case to do so. Then there is the matter of whether you can have the bankruptcy filing removed from your credit reports....

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