You have unilateral right to dismiss a chapter 13 but not a chapter 7 or 11.

Answer Applies to: Georgia
Replied: 12/14/2011

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Once a Chapter 7 bankruptcy is filed, you cannot simply "back out" because your property is held by the bankruptcy Trustee. It may be dismissed without discharge, but non-exempt property will be liquidated. Chapter 13 may be voluntarily dismissed by the debtor.

Answer Applies to: Indiana
Replied: 12/14/2011

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It is difficult to "back out" of a chapter 7 bankruptcy and there could be consequences. Also, even if not finished, the filing will still appear on the credit report.

Answer Applies to: New Jersey
Replied: 12/13/2011

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Yes, but it stays on your record.

Answer Applies to: California
Replied: 12/9/2011

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Very difficult to withdraw from a Ch 7 once filed. In Ch 13 the debtor has an absolute right to dismiss the case.

Answer Applies to: Colorado
Replied: 12/9/2011

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If you filed a Chapter 7, backing out may not be an option. Motions to Dismiss Chapter 7s filed by the Debtor are rarely granted. If you filed a Chapter 13, you can file a motion to dismiss your case listing your reasons for withdrawing and the motion may be granted. There is no filing fee for a motion to dismiss. Your attorney might charge you a motion fee. Please note that if you dismiss a current case and re-file later, it could make your second more complicated which could mean additional attorneys' fees. A hidden cost would be having two bankruptcies listed on your credit report plus your debts would likely continue to gather interest and late fees between the two cases. It normally takes me about 30 60 minutes of discussion with a client to help her determine which is the right course for her. You should speak with an attorney before you take any additional action

Answer Applies to: Wisconsin
Replied: 12/9/2011

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You might be able to move to dismiss your case. Notice will have to go to all creditors and there would have to be an absence of objection by the trustee and US Trustee's office as well as creditors generally. Yes, there would be costs involved in so doing.

Answer Applies to: Illinois
Replied: 12/9/2011

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I don't know enough about your case to answer that. Generally speaking you should not file unless you intend to finish it. Dismissed cases can cause you much grief in the future.

Answer Applies to: California
Replied: 12/8/2011

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You can withdraw your petition.

Answer Applies to: Utah
Replied: 12/8/2011

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It is usually pretty simple to back out of a Chapter 13 but it may also be extremely difficult to back out of a Chapter 7 bankruptcy once it is filed. If the Chapter 7 Bankruptcy Trustee discovers any assets at all, the Trustee will not allow you to opt out at that time.

Answer Applies to: Oregon
Replied: 12/8/2011

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It depends on what chapter you file. If you file Chapter 13, then yes, you can dismiss your case at any time. If you file Chapter 7, then most likely you cannot dismiss the case. It's very rare that bankruptcy is not the right solution so don't be too quick to cancel. Remember, most people don't understand how bankruptcy works so advice that is not from a bankruptcy attorney should not be considered the truth.

Answer Applies to: Colorado
Replied: 12/8/2011

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You can always dismiss a Chapter 13 bankruptcy but not a Chapter 7.

Answer Applies to: Illinois
Replied: 12/8/2011

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You can not cancel a bankruptcy, you can make a motion to dismiss, but once you file, your assets are property of the "bankruptcy estate" until the case is closed. You should either file or not, but don't file without being committed to finishing.

Answer Applies to: New York
Replied: 12/8/2011

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You can back out of a Chapter 13 anytime you want. You can only back out of a Chapter 7 if the Court permits you to withdraw your filing.

Answer Applies to: Texas
Replied: 12/8/2011

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You may not be able to dismiss a Chapter 7 case once it has begun, especially if there are assets for the trustee to liquidate. Chapter 13 is another matter. But this is why good planning with a competent bankruptcy lawyer is so important.

Answer Applies to: Ohio
Replied: 12/8/2011

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There are times the bankruptcy proceeding would be dismissed without further action from you. If not at those times, there are other ways to dismiss an action or a motion for dismissal may be filed with the Bankruptcy Court. You should make every effort to decide if this is a good decision prior to the initial filing.

Answer Applies to: Florida
Replied: 12/8/2011

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If you file a Chapter 13 case to begin with you have an absolute right to voluntarily dismiss your case. However, that absolute right does not exist in the other Chapters (i.e., 7, 11 &12). Even though Chapter 13 offers an "exit" you should not enter any bankruptcy without fully understanding your goals, the risks and the benefits of each available Chapter of Bankruptcy.

Answer Applies to: Massachusetts
Replied: 12/8/2011

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Once you seek bankruptcy protection your property belongs to your estate and is under the control of the Trustee. Once you file the case, the Trustee may choose to exercise that control to liquidate all nonexempt property of the estate to distribute the proceeds to creditors. In a nutshell, I recommend that you not file unless you are clear about the ramifications. Speak with an Attorney in your area to make sure that bankruptcy is for you.

Answer Applies to: Illinois
Replied: 12/8/2011

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Chapter 7. No. There is no automatic right to dismiss a bankruptcy. You will probably not be successful in dismissing the case if non-exempt assets are found post filing. Chapter 13. Yes. There is an absolute right to dismiss the case unless the debtor is guilty of bad faith.

Answer Applies to: Texas
Replied: 12/7/2011

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If you start a chapter 7, generally you cannot dismiss it. A court MAY allow a dismissal, but it can deny that. 13s can be dismissed, but the dismissal can have adverse consequences. It would be highly foolish to file a case you think you may need to dismiss. Please remember that almost all pro se cases go very badly. Do NOT file pro se. You have to get a lawyer, and a lawyer will tell you if you can and should file.

Answer Applies to: Georgia
Replied: 12/7/2011

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If you file Chapter 7 it is very difficult to get your own case dismissed once you've started it. In chapter 13, you can back out. You shouldn't file if you think there is a chance you'll have to try and back out of it. You need an attorney to help you decide if you should file. If you have an attorney and don't feel you are getting the information you need, get a different attorney.

Answer Applies to: Minnesota
Replied: 12/7/2011

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You can voluntarily dismiss a chapter 13 case without the necessity of getting permission from the court. You can only dismiss a chapter 7 case with permission from the court. Permission will only be granted in a chapter 7 case if all of our assets are exempt from your creditors.

Answer Applies to: Minnesota
Replied: 12/7/2011

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To dismiss a Chapter 7 requires the consent of the bankruptcy trustee and a motion filed which the court and have the court approve the dismissal.

Answer Applies to: California
Replied: 12/7/2011

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You cannot dismiss a Chapter 7 without court permission and need to file a motion to ask for permission so there might be additional fees involved and the motion might be denied if opposed by the trustee or creditors if you have property that you cannot exempt. A Chapter 13 can be dismissed at any time but there might be consequences and limitations if you then decide to file again.

Answer Applies to: California
Replied: 12/7/2011

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Try a credit counseling service first.

Answer Applies to: Georgia
Replied: 12/7/2011

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If the case has already been filed with the court, you can generally move to dismiss the case, although there are some restrictions. Chapter 13 cases can be easily dismissed. Chapter 7 cases may be dismissed, but the court may deny the request in certain cases. The trustee may also oppose dismissal depending on the nature of the case. There is no additional cost to dismiss a case.

Answer Applies to: Maryland
Replied: 12/7/2011

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It depends on what Chapter you file whether or not you can dismiss your case. If it is a Chapter 7, dismissal requires court approval and in some cases the court will not allow dismissal if it will prejudice the creditors. In a Chapter 13 you have an absolute right to dismiss your case. There is no fee to request dismissal in either a Chapter 7 or Chapter 13, but you should know the bankruptcy filing will still show up on your credit report.

Answer Applies to: California
Replied: 12/7/2011

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It may be possible to back out of a chapter 7 - but you do not have the absolute right to do so and if opposed do not count on it.

Answer Applies to: Michigan
Replied: 12/7/2011

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You can usually dismiss your bankruptcy case after it is filed, but if you do you will get most of the bad effects of filing bankruptcy with none of the benefits. You should know what you want before you file.

Answer Applies to: Colorado
Replied: 12/7/2011

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You do not have an automatic right to dismiss a chapter 7 bankruptcy. You need to file a motion to dismiss, stating the reasons. If you have non-exempt assets that are being sold by the trustee you probably will not be allowed to dismiss the case.

Answer Applies to: California
Replied: 12/7/2011

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If you filed for chapter 13 you can voluntarily dismiss your case. Unfortunately if you filed chapter 7 you don't have that option, you can only hope that the trustee dismisses your case based on non-compliance. Although he/she can file a motion to compel compliance on your part.

Answer Applies to: Florida
Replied: 12/7/2011

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Yes, you can. No, it will not cost you more money, but you will lose the money you initially paid for the filing fees.

Answer Applies to: Texas
Replied: 12/7/2011

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