Legal Question in Bankruptcy in Illinois

Once papers have been filed, can debtor back out of bankruptcy?

My son gave his attorney the filing fee, and just after that called the law office and asked if he could change his mind. He was told "yes" and his money would be refunded. The next day he received a letter stating that the papers had already been filed unbeknowst to the secretary. My son was distraught as he realized he had made and unwise decision due to personal problems and really wanted out. Now that the papers have been filed, is there anything he can do to back out of this, and would that show up on his credit report. He realizes that he is out the filing fee, but he is 22, and for years has been inundated with offers of easy credit. He still was fine until retail sales ( he works on commission) fell in the last few months. He, I hope will learn not to take things to the limit anymore, trusting the future will be always as beneficent as the past or present. I would appreciate any response.


Asked on 8/09/00, 6:49 pm

1 Answer from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

Re: Once papers have been filed, can debtor back out of bankruptcy?

It seems to me that the attorney made a wise decision to file a bankruptcy petition given your son's history. Nevertheless, if you really wish the attorney to dismiss the case, instruct him to do so.

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Answered on 9/14/00, 7:30 pm


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