Legal Question in Bankruptcy in Nebraska

Dismissal of Chapter 7

If an individual has filed Chapter 7 bankruptcy, and they decide not to pursue that route, can they have that filing dismissed? If so, what process is needed and is there a time frame involved?


Asked on 3/25/99, 10:11 am

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: Dismissal of Chapter 7

A motion to dismiss a Chapter 7 case can be filed, but it is not granted as of right. In most no-asset cases, though, it would be granted. If there are assets being administered, dismissal may not be granted. If the reason for the dismissal is that you might lose assets that you want to keep, you may want to consider converting to Chapter 13. Your bankruptcy lawyer should be able to advise you as to the best course of action.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302


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Answered on 4/06/99, 9:15 pm
Susan Freiman The Legal Clinic

Re: Dismissal of Chapter 7

There is not much I can add to what Dan Press has said - he is one of the best bankruptcy lawyers around - especially for debtors. I would just add that a lot depends on why you want to dismiss the proceeding. Since you could be VERY badly hurt by making the wrong decision, I would urge you to see a lawyer who specializes in bankruptcy. If you cannot afford one, try your local Legal Aid Society, or a referral service of the local or state bar association.

Susan Freiman

The Legal Clinic

P.O. Box 9407, Herzlia Street 29


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Answered on 4/07/99, 1:59 am


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