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Can I voluntarily dismiss my chapter 7 bankruptcy case after filing?
Attorney Shawn Devries explains, sometimes, debtors may want to dismiss their chapter 7 bankruptcy case before a discharge has been granted. Such debtors may have received money and opted to pay their debts off rather than file for chapter 7 bankruptcy. Another common reason for applying for voluntary dismissal is when debtors discover that some of their property won’t be protected under the state exemptions as thought. Regardless of the reason, having a dismissal for chapter 7 bankruptcy isn’t easy because it requires you to have a “good cause” for the court to grant the Court’s decision to grant a debtor voluntary dismissal may depend on whether the creditors have consented or whether the debtor is requesting for dismissal in good faith. It could also be whether there is a pending preference claim, objection to exemptions, or objection to discharge, or whether there exists another legal proceeding through which claim payments can be handled. In cases where there are funds in a debtor’s bankruptcy estate, or if the dismissal will cause another payment delay to the creditors, then the dismissal motion will most likely be denied. A court will not grant a dismissal simply because the debtor didn’t understand the consequences of the process. When it comes to uncompromising dedication and knowledge of Bankruptcy Law, our team at the Devries Law Firm, P.A is comprised of dedicated individuals with impressive credentials and experience. Contact us for a consultation to discuss your issues today!
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