When would a dismissal of a Chapter 7 petition be likely?

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Once a bankruptcy case is dismissed, the automatic stay is no longer in effect. That means creditors can take all collection action allowed by law. Collection activities may include collection letters, debt collection lawsuits, wage garnishments, repossessions, and foreclosures.

If you file a Chapter 7 bankruptcy, your debts can be discharged in as soon as 4 to 6 months. With a Chapter 11 or 13 bankruptcy, it can take as long as 5 years because you may still be making payments for some of the debts.

The court can either dismiss it or discharge it. According to the United States Courts, the goal should be a discharge because this means the court accepts your bankruptcy case and forgives your debts. A dismissal occurs when something goes wrong with your case and the court is unable to finalize the bankruptcy claim.

Usually a chapter 7 bankruptcy is dismissed if the client didn't tell the lawyer that they owned something valuable, like a car, house or business.

In most cases, you can only dismiss your Chapter 7 bankruptcy for cause (meaning that you must have a good reason). If you don't have any nonexempt property that the trustee can liquidate and you have a valid reason for requesting dismissal, many bankruptcy courts will allow you to voluntarily dismiss your case.

Dismissal of a Bankruptcy Case Dismissal ordinarily means that the court stopped all proceedings in the main bankruptcy case AND in all adversary proceedings, and a discharge order was not entered. Dismissal can occur because a debtor requested the dismissal and qualifies for voluntary dismissal.

File to Dismiss You must file Bankruptcy Form 20A with the court as a Motion to Dismiss your bankruptcy case. Follow the instructions on the form to ensure that all relevant parties receive a copy of your motion.

To object to the debtor's discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice. Filing a complaint starts a lawsuit referred to in bankruptcy as an "adversary proceeding."

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This manual is not an authority; it should never be cited. You may file a motion to dismiss if you believe the claims in a lawsuit against you are invalid.The court held a hearing on June 18, 2009, on the motion to dismiss. That gives parties more information on setting hearings and completing LCR 16 requirements. Court cases can be decided in a number of ways. Most cases never have a trial. If you are involved in a debt collection lawsuit, your hope is typically to get it over and done with. Forms provided here are for reference purposes.

King Washington Sample Letter for Motion to Dismiss in Referenced Bankruptcy

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