Legal Question in Bankruptcy in Georgia

Re: Unfiling a bankruptcy

To update the prior response about dismissing a Chapter 13, the latest case (late 2005) in the Northern District of Georgia states that a debtor does not have the unconditional right to dismiss a Chapter 13 case.

Re: Unfiling a bankruptcy

A debtor can request the case be dismissed, but the court may or may not dismiss the case depending on what is best for the creditors.

Re: Unfiling a bankruptcy

If the case is a Chapter 7, no you cannot voluntarily dimiss the case. You must file a motion to dismiss and argue the case before the bankruptcy judge. If it is a Chapter 13, yes you do have the right to voluntarily dimiss the case.