Question
Can I cancel my bankruptcy file if I change my mind?
I am in the process of filing for bankruptcy and a family member has agreed to help me out. Can I cancel the file that I am currently working on?LawQA.com Answer Library
Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
If your case has not been filed with the court, you do not have to file. You may be responsible for the attorneys bill for work done to this point, however.
Answer Applies to: Indiana
Replied: 9/29/2011
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Answer Applies to: Indiana
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bird & VanDyke, Inc.
Depending on which chapter you have filed will determine the answer to this question. Chapter 7 once filed can only be dismissed upon court order. I assume you have filed your case with the court.
Answer Applies to: California
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Janet A. Lawson Bankruptcy Attorney
If the case has not been filed then yes, you can.
Answer Applies to: California
Replied: 9/29/2011
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Answer Applies to: California
Replied: 9/29/2011
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Answered By: Harkess and Salter, LLC
You can generally voluntarily dismiss your bankruptcy (except under certain circumstances), but it will still show up on your credit record that you filed.
Answer Applies to: Colorado
Replied: 9/28/2011
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Answer Applies to: Colorado
Replied: 9/28/2011
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Answered By: The Law Offices of Katie M. Stone
Yes, you can request that your bankruptcy be dismissed.
Answer Applies to: Florida
Replied: 9/28/2011
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Answer Applies to: Florida
Replied: 9/28/2011
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Answered By: Theodore N. Stapleton, PC
You can voluntarily dismiss a chapter 13 case. You need court approval to dismiss a chapter 7 case.
Answer Applies to: Georgia
Replied: 9/28/2011
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Answer Applies to: Georgia
Replied: 9/28/2011
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Answered By: Bankruptcy Law Center
To cancel a bankruptcy, you can file a motion to dismiss the bankruptcy
Answer Applies to: Colorado
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 9/28/2011
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Answered By: Joseph Lehn, Esq
If your case has not been filed with the court yet, you can contact your attorney to discuss the change in your circumstance. You may not receive a refund if your retainer states it was non refundable.
Answer Applies to: Florida
Replied: 9/28/2011
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Answer Applies to: Florida
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: AyerHoffman, LLP
If your case has already been filed with the Bankruptcy Court, you can request the case be dismissed. If it has not yet been filed with the court, you simply need to notify your attorney that you no longer what to go forward. Your attorney will return your file to you and perhaps some part of the fee you paid for services, depending on how much work had been done on the case.
Answer Applies to: Massachusetts
Replied: 9/28/2011
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Answer Applies to: Massachusetts
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dan Wilson Bankruptcy
Its not clear from your question if you have filed or are just in the planning stage. If you have already filed a CH 7 it will be very difficult to get the case dismissed. Of course if you have not yet filed you have no problem. If you have filed a Ch 13 you may dismiss it at any time.
Answer Applies to: Colorado
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Merna Law Group, PC
A bankruptcy can be dismissed. How difficult it is to dismiss depends on the type of bankruptcy and circumstances of the bankruptcy. If you dismiss the bankruptcy it will not remove the notation that you filed from your credit report. Whether it is a good idea to "borrow" once again to solve a debt problem that has led you into bankruptcy is something you should seriously discuss with your attorney before you take any action.
Answer Applies to: Virginia
Replied: 9/28/2011
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Answer Applies to: Virginia
Replied: 9/28/2011
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Answered By: Heupel Law
Yes. Just because you retained an attorney does not mean that you have to file bankruptcy. However, don't decide to forego bankruptcy too quickly. Remember that if you settle any debt, you will have to pay taxes and settling a debt will not repair your credit. It's common for people who settled their debt not being able to rebuild. While most people don't want to file bankruptcy, there are many positives that can result.
Answer Applies to: Colorado
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ashman Law Office
Chapter 7 usually cannot be dismissed voluntarily, although you can ask for a dismissal. Chapter 13s can be dismissed. Discuss this with your lawyer.
Answer Applies to: Georgia
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Judith A. Runyon, Esq. Attorney at Law
You have to file a motion to get the court and trustee's approval. Talk to your bankruptcy attorney.
Answer Applies to: California
Replied: 9/27/2011
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Answer Applies to: California
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ross Smith, Attorney at Law
I can hardly imagine a situation where it would be better to borrow from a relative than to go through with a bankruptcy that is already filed. It's already on your credit. You may as well take the discharge of your debts. But yes, you can usually dismiss your bankruptcy, as long as it is a "no asset" bankruptcy. You will probably still have to attend the 1st Meeting of Creditors, just to demonstrate that yuou have no asets that sre subject to the Bankruptcy Court jurisdiction. Choose wisely. Good luck.
Answer Applies to: Ohio
Replied: 9/27/2011
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Answer Applies to: Ohio
Replied: 9/27/2011
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Answered By: The Schreiber Law Firm
If it is a Chapter 7, not without the consent of the trustee and the court.
Answer Applies to: California
Replied: 9/27/2011
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Answer Applies to: California
Replied: 9/27/2011
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Answered By: Law Offices of Robert P. Taylor
If you haven't filed yet, of course you can change your mind. If you have filed a Chapter 13, you can generally dismiss it at any time. If you filed a Chapter 7 and you don't have any nonexempt assets you can probably dismiss it or let it get dismissed for failing to show at your hearing. If you have assets over what you're allowed to keep, you probably wont be able to dismiss or any dismissal will have to be negotiated and, long story short, you'll have to pay your creditors at least as much as had the Chapter 7 gone through. Good luck,
Answer Applies to: California
Replied: 9/27/2011
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Answer Applies to: California
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
It is difficult to dismiss a chapter 7 bankruptcy. However, you can file a motion to dismiss which will be heard by a bankruptcy judge.
Answer Applies to: California
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: David M. Siegel & Associates
You can cancel a bankruptcy filing anytime before it is filed. You can also cancel after the case is filed, however, you or your attorney would have to bring a motion to dismiss.
Answer Applies to: Illinois
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Illinois
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Attorney at Law
If you have already filed for bankruptcy, usually you are not able to back out of it, unless there is a really good reason.The fact that a family member has agreed to help out is not considered a good reason for canceling the bankruptcy. However, if you have not already filed, but are just in the process (working with an attorney to get the papers prepared), then you can always stop the process.However, you will probably have to pay the attorney some money to cover his or her time spent on the case.
Answer Applies to: Virginia
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Virginia
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Diefer Law Group, P.C.
This will depend on the stage of your case. If you have not filed the case, yes, it can be cancelled. If you have filed it but have not gone to court, you cannot cancel the case but if you don't go to your creditor meeting the case should be dismissed.
Answer Applies to: California
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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