Legal Question in Bankruptcy in New York

cancel bankrupcy proceedings

can i change my mind to continue my chapter 7 banruptcy filing after the 341 meeting ......... and tell the trustee to cancel all proceedings. He extended me to another date (6/23 ) and strongly suggested i get a lawyer .......... property listed as exempt was in error. can i just cancel and deal with the credit card companies myself


Asked on 5/23/08, 10:44 pm

2 Answers from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: cancel bankrupcy proceedings

Yes, you can dismiss your own case, but HIRE A LAWYER AND FIND OUT WHAT RIGHTS MAY BE AFFECTED BEFORE YOU DO. Some rights can be permanently lost if you don't follow through with your case.

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Answered on 5/24/08, 8:31 am
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: cancel bankrupcy proceedings

You need the permission of the court to dismiss a Chapter 7 case. This must usually be done by filing a motion, unless the trustee consents, which, from what you have written, is not happening. It can be very difficult to have it dismissed. You most likely have non-exempt assets that the trustee wants to distribute to creditors. You should retain an attorney to see if perhaps you can claim any exemptions in your property.

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Answered on 5/27/08, 9:35 pm


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