Legal Question in Bankruptcy in Wisconsin

Withdrawing my Ch. 7 Bankruptcy

I filed for Chapter 7 bankruptcy and now am not sure that I want to proceed. How can I stop my bankruptcy from proceeding. Does it matter if we already had the Creditors' Meeting?


Asked on 2/03/09, 6:51 pm

2 Answers from Attorneys

JAY Nixon nixon law offices

Withdrawing a Ch. 7 Bankruptcy

Unlike chapter 13 bankruptcies in which a debtor has a right to voluntarily dismiss, chapter 7's are rarely dismissed once commenced. Cases are usually only dismissed when dismissal is found to be in the best interest of creditors. That can include a scenario where the debtor comes into some money and can now pay off the debts. It is also sometimes possible to convert a chapter 7 case to chapter 13 payments plans. This option becomes attractive when problems arise which make a chapter 7 discharge unlikely (such as a finding that the debtor's income to too high or that the debtor has engaged in some sort of fraud). My comments in this online forum are not intended as legal advice: you need to consult with your own lawyer.

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Answered on 2/08/09, 9:14 pm
JAY Nixon nixon law offices

Withdrawing a Ch. 7 Bankruptcy

Unlike chapter 13 bankruptcies in which a debtor has a right to voluntarily dismiss, chapter 7's are rarely dismissed once they are commenced. Cases are usually only dismissed when dismissal is found to be in the best interest of creditors. That can include a scenario where the debtor comes into some money and can now pay off the debts. It is also sometimes possible to convert a chapter 7 case to chapter 13 payments plans. This option becomes attractive when problems arise which make a chapter 7 discharge unlikely (such as a finding that the debtor's income to too high or that the debtor has engaged in some sort of fraud). My comments in this online forum are not intended as legal advice: you need to consult with your own lawyer.

Read more
Answered on 2/09/09, 7:51 am


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