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

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A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion. The party may, with the memorandum, serve and file a declaration stating facts in support of the motion.

Does the debtor have the right to a discharge or can creditors object to the discharge? In chapter 7 cases, the debtor does not have an absolute right to a discharge. An objection to the debtor's discharge may be filed by a creditor, by the trustee in the case, or by the U.S. trustee.

3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.

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.

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.

Under new Rule 91a, a party may move to dismiss a cause of action that has no basis in law or fact. A claim has no basis in law if the allegations, taken as true, together with any reasonable inferences, do not entitle the claimant to relief. A claim has no basis in fact if no reasonable person could believe the

Rule 91a Motion to Dismiss A Motion to Dismiss under Rule 91a must identify each cause of action the party seeks to dismiss and must specifically state the reasons the cause action has no basis in law or fact. served on the movant. o The Motion to Dismiss must be filed at least 21 days before the motion is heard.

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.

For most filers, a Chapter 7 case will end when you receive your dischargethe order that forgives qualified debtabout four to six months after filing the bankruptcy paperwork. Although most cases close after that, your case might remain open longer if you have property that you can't protect (nonexempt assets).

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Appellate motion decisions published online but not in the print Official Reports are cited as indicated in section 2. 3d at 954.After the court and date parenthetical, complete the citation with a reference to the opinion's location in the relevant reporter. Of a Special Judge, the presiding Judge may request the Indiana Supreme Court for such appointment. R." is a reference to the Ohio Rules of Civil Procedure. Convert or dismiss the case ("Motion to Dismiss"). The. Wayne v. To learn more about the process of setting aside a conviction, read Setting Aside an Adult Criminal Conviction. Out of State and Federal Convictions.

Wayne Michigan Sample Letter for Motion to Dismiss in Referenced Bankruptcy

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