Legal Question in Bankruptcy in California
Filing For Chapter 7
If one files for Chapter 7, but decides
to back out at the last minute, what
is the latest you can back out, and
what are the costs? Is a lawyer
needed only to complete the process,
and does that filing appear on your
credit report if you don't complete it?
2 Answers from Attorneys
Re: Filing For Chapter 7
Depends on what has been done on your case, what a Trustee has seen, your actual assets and liabilities. Always advisable to have Counsel to ensure properly done. Probably need noticed motion, evidence, cause and to pass "best interest of creitors" test.
Good Luck, feel free to contact me if you have questions or issues.
Re: Filing For Chapter 7
Generally, if you file only a skeleton petition, the court will automatically dismiss the case after 15 days. But courts are now dislodging attorney fees for such filings: thus good luck finding a lawyer to assist you if you take this route. You can bring a motion to dismiss the filing. But the trustee has discretion to object to this motion or to convert your case to a different chapter or to request that your debts be deemed non-dischargeable. You would definitely need a lawyer to assist you.
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