Legal Question in Bankruptcy in California

I filed a chapter 7 bankruptcy in San Diego last week. I want to dismiss it but I've learned that I can't without a motion. I don't want to pay anymore to the bk court and don't want to spend time on it. Can I convert to a 13 and then voluntarily dismiss it? How long would that take and would I have to file a motion to dismiss it? Should I just wait for the court to dismiss it since I haven't sent in schedules - just the emergency filing? If the court dismisses for lack of schedules, how long will it take? I want to deal with my creditors on my own. Thanks

Asked on 10/15/13, 9:59 am

2 Answers from Attorneys

Peter De Bruyn Law Offices of Peter De Bruyn

You will need a motion to convert to a chapter 13 and a another to dismiss. If you wait for the court to dismiss, they will dismiss with prejudice because you failed to file schedules.

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Answered on 10/15/13, 12:20 pm

Peter Lago Peter L. Lago, Atty at Law

You might want to talk to an attorney who'll give you a free initial consultation on this. There are many factors to consider here... ie, How much do you owe? What's the current status of your credit? How will the BK vs. debt negotiation impact your credit? Will ALL your creditors go along with a debt negotiation? and so on.... If you let the Ch 7 self-destruct by not filing the schedules, then you lose the automatic stay and if you later find you need to re-file you'd need a motion to reinstate the automatic stay. Personally I prefer to talk this out with a client face-to-face! Hope this helps.

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Answered on 10/16/13, 9:06 pm

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