If I want to withdraw from chapter 7 bankruptcy, might there be a problem doing so?

Attorney answers (5)

1. 

   Scott Riddle

   Atlanta Chapter 7 Bankruptcy Attorney

   Contributor Level 16

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   Answered February 16, 2013 14:39. Sure - there is no automatic right to dismiss a Chapter 7 case.

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2. 

   John Cantrell

   Goose Creek Chapter 7 Bankruptcy Attorney

   Contributor Level 8

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   Answered February 16, 2013 14:47. Normally, you will only have a problem withdrawing a Chapter 7 filing if there are non-exempt assets that the trustee thinks can be sold to pay some of your debts (and the trustee fees).

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3. 

   Dorothy G BuncePro

   Las Vegas Chapter 7 Bankruptcy Attorney

   Contributor Level 20

   

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   Answered February 16, 2013 15:56. It is very difficult to dismiss a Chapter 7 because the court requires you to prove that it would be better for the creditors, not you, to dismiss the case. Hope this perspective helps!

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4. 

   Matthew Berkus

   Denver Bankruptcy Attorney

   Contributor Level 16

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   Answered February 17, 2013 07:29. Yes. As was pointed out, there is not right to simply voluntarily withdraw a chapter 7 bankruptcy. Also, keep in mind, even if the court approved dismissal, the fact that you filed bankruptcy exists, so the credit report damage is done.

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5. 

   Christopher WesnerPro

   Troy Chapter 7 Bankruptcy Attorney

   Contributor Level 7

   

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   Answered February 18, 2013 10:36. You do not have the absolute right to dismiss a chapter 7 case. If there are assets available to the trustee in the case the trustee's office may not allow a voluntary dismissal. You should speak to an experienced bankruptcy attorney in the jurisdiction in which you filed.

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