On Dismissing a Chapter 13 Bankruptcy
A San Jose Bankruptcy Attorney speaks to dismissal of a Chapter 13 bankruptcy...
As a San Jose bankruptcy attorney, I think San Jose debtors with questions on Chapter 13 bankruptcy should know that just because you file your petition in a chapter 13 doesn’t mean that your bankruptcy cannot be undone. You have the absolute right to dismiss your Chapter 13 bankruptcy case at any time, as long as: 1) you didn’t file your bankruptcy in bad faith, and 2) you didn’t start another bankruptcy and then convert to a chapter 13.
San Jose Chapter 13 bankruptcy filers, to dismiss your case a debtor need only file an ex parte motion with the court. No hearing is required for the motion, and it will be automatically granted. Still, if you have no idea what an ex parte motion is, or how to prepare one, I recommend seeking the help of an experienced bankruptcy attorney.
For Bay Area consumers in debt, if you have converted to a Chapter 13 from a different type of bankruptcy, you have to file a noticed motion asking the court for permission to dismiss your case. Here, the court may deny your request—and order you to convert to a Chapter 7 if the court believes you are abusing the system. Again, an experienced bankruptcy attorney can help a debtor navigate these sometimes treacherous seas.
If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs. Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.
