Question

Can I stop my chapter 7 bankruptcy?

I have too many assets that I do not want to be liquidated and I do not want to, or simply cannot, fulfill many of the requirements of my bankruptcy? Can I stop it? I filed on my own, but will a lawyer be able to stop it for me? Thank you.
Share |

LawQA.com Answer Library

Lorene Lynn Mies, APLC
Lorene Lynn Mies, APLC | TheBankruptcyMinute.com
38975 Sky Canyon Drive Ste# 204 - Murrieta, CA 92563 | 866-703-5874
If you have not gone to the 341(a) meeting of the creditors you can stop the bankruptcy. A lawyer can help you or you can file the request for dismissal.

Answer Applies to: California
Replied: 8/27/2010

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: Law Office of Barbara Seeley Curtis
It would be dismissed if you fail to attend meeting. If you have had your 341 meeting and been caught with assets SEE A LAWYER!

Answer Applies to: Florida
Replied: 8/15/2010

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 Nelson
Absolutely you can have your case dismissed, you will have to file a motion to request the dismissal, and when you do you will have to provide a workable plan with documentary proof that you will pay everyone off. As a part of that plan, you will have to include your bankruptcy trustee as one of the creditors which must be paid off. Luckily, the last time that the issue came up, the trustee graciously agreed to be paid a percentage of the debts-paid rather than a percentage of the property impounded.

We made several offers to compromise the debts and were able to obtain agreements from the creditors reducing the principal balances so much that we were able to afford to pay the trustee the difference and have the total paid out the same as if the client had not filed a bankruptcy at all. Worked out great.

If you convert to a chapter 13 bankruptcy and pay for the stuff that your chapter 7 trustee wants to take away, that might be an option that could work for you.

There may be other options open to you, however, if you have already gone to your hearing and your Chapter 7 bankruptcy trustee wants to grab your stuff, you are probably better off just letting it go.

Ask your current attorney what to next.

Answer Applies to: California
Replied: 8/13/2010

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 is a very tough question. You might not be able to stop it. If you have not gone to court, you might consider not going and having the case dismissed. This, however, is not a guarantee. I would recommend you consult an attorney.

Answer Applies to: California
Replied: 8/13/2010

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.

More Questions on Bankruptcy


Ask Questions

Ask a local attorney a question for FREE.

Free Answers

FREE answer from a local attorney.

100% Anonymous

Your email is only used to send answers to you.

Ask Your Own Question

Free Legal Questions & Answers

This site is an exclusive listing brought to you by LawQA and is a form of advertisement. To visit the official website of this attorney please click here.