Legal Question in Bankruptcy in Indiana

Re: End to pending bankruptcy

You should take your question to a lawyer. It is improbable that your bankruptcy case has been pending for a year unless your papers have been improperly filed and the court is trying to give you or your attorney a chance to correct the problems. So go look at your court file and see what the judge has been saying. If you want, you should be able to dismiss your case at any time.

Re: End to pending bankruptcy

It depends upon what you mean by "pending." My guess is that you filed a chapter 7 bankruptcy and the bankruptcy trustee is going after some asset that you have or had. In this case, your bankruptcy could be open from one to even three years depending upon how long it takes to recover the asset, file the necessary paperwork, etc. I have had some cases literally take three years. However, this doesn't mean that you shouldn't have your discharge by now. Whether the trustee is recovering an asset in your case or not or whether your case is still open or not, you should still get a discharge order. Check with your attorney or the Clerk on this one. The only way you wouldn't get one is if the US Trustee is objecting to your chapter 7 in some way. Again, speak to your attorney or the Clerk. As far as dimissing your case, unfortunately once you file a chapter 7, you cannot voluntarily dismiss your case. You have to file something asking to have it dismissed, but your trustee has the right to object to it and if the trustee is chasing after an asset then he/she will likely not let it happen. This unfortunately is one of the consequences by filing chapter 7.