LUSKY & ASSOCIATES, P.C. is a Small Boutique Law Firm with a practice emphasis in Consumer & Business Bankruptcy Law and Debtor-Creditor Relations for over 30 years.

Can I dismiss my case?

Occasionally, but not often, a client will decide that he or she doesn’t like the way the case is going. This usually happens when the client has hidden something and the trustee or a creditor has found out about it. Can the client dismiss the case and get out of the bankruptcy.

The answer is: Maybe and maybe not. As a general rule, in a chapter 12 (Farmers) and a chapter 13, the debtor has the right to dismiss the case. If the debtor has acted in bad faith however, there are some cases that says that the debtor does not retain that right.

In a chapter 7, there is no absolute right to dismiss the case. A Motion to Dismiss must be filed and heard by the Court. If there is an objection, such as the trustee has found hidden assets, the Court may not allow a dismissal.

Leave a Reply


captcha *