Legal Question in Bankruptcy in Maryland

Dismissal of Chapter 7 Bankruptcy

My parents died a few years ago and my 4 siblings and I have not been able to put the home that they owned through probate yet. I live in the home with one of my sisters and 2 neices. Last year, when I filed for a Chapter 7 bankruptcy, I informed the trustee that if the situation arose where the home would have to be sold, that I would either dismess or change the bandruptcy to a chapter 13. Yet, since I file for the bankruptcy, the trustee has hired several law firms to facilitate the sale of the home in the past year, even though this is the primary residence of my sister and myself. I have filed a motion to dismiss the bankruptcy. When I filed the bankruptcy I was in graduate school and was not making enough to pay off my debts. Since then, I have graduated and am prepared to pay off all my debts. We also began the process of putting the home through probate; and, will be able to use my share of the equity in the home to pay off my debt. I received notice that the trustee is challenging my motion for dismissal. What information should I present at my hearing to aid in the dismissal? I thought that bankruptcy was voluntary, can I be forced to continue this bankruptcy when it means my sister and I lose our place to live?


Asked on 11/27/06, 9:29 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Dismissal of Chapter 7 Bankruptcy

You have a right to convert a Chapter 7 to Chapter 13 (assuming you are eligible), but not to dismiss. Your lawyer should be able to advise you of the details.

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Answered on 11/27/06, 9:42 pm


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