What happens if I change my mind about filing bankruptcy?

Sometimes circumstances change and bankruptcy might no longer be a good idea. If you haven't filed yet, you are under no obligation to do so. If you have already filed, which chapter you have filed under becomes critical. Debtors can voluntarily dismiss a chapter 13 bankruptcy at most any time. Since Chapter 13 bankruptcy is based on your future income, whether you commit that income to a bankruptcy plan is voluntary. One will lose the benefits of bankruptcy if taking a voluntary dismissal. In contrast, debtors do not have a right to unilaterally voluntarily dismiss a chapter 7 bankruptcy.

As an administrative matter, we will refund previously paid fees only to the extent that we have not done the work on your case. Once filed, the court will not refund filing fees, and chapter 13 plan payments will not be refunded to the extent that they have been disbursed or subject to administrative claims, including unpaid attorney's fees.

Terms: 
Dismissal
Category: 
Pre-Filing Questions
Thu, Oct 13 2011 - 2:48pm by Fabricius & Fabricius Staff
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