Can I Stop My Bankruptcy Once I Have Started It?

 
There are debtors who change their minds after filing bankruptcy. They will ask their bankruptcy attorney if they can cancel or stop their bankruptcy filings. Particularly, after whatever emergency that precipitated the bankruptcy has been averted like foreclosure or a lawsuit.
In Chapter 13, the borrower, the person who has filed for bankruptcy, can actually file a voluntary request for voluntary dismissal. In Chapter 7 there isn’t any such process. So, if you’re in a Chapter 7 bankruptcy and um, you just won the lottery, or you know, for some reason, uh, whatever reason, you change your mind um, you’re kind of locked in. However, there’s a sort of unofficial way to maybe get your Chapter 7 dismissed. And that is to just simply not show up for the Meeting of Creditors. Um, now this is not something that I could ever actually, um, advise someone to do um, but the fact of the matter is that if someone fails to appear for their Meeting of Creditors the great likely hood is that the Trustee is going to dismiss the case. So, it’s sort of a back door way of doing it and uh, something that I couldn’t really recommend.
 
 

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Paul Staley
Bankruptcy Attorney
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