How do you file for chapter 13 bankruptcy?

Answer 1

I believe the correct procedural step to withdraw a Chapter 7, or at least the most common, is to file a Motion to Dismiss with the Bankruptcy Court. However, this act should be discussed with an attorney who practices locally since dismissing a case is not always as simple as it seems. Once a case is filed it will stay on your credit report for 10 years regardless of whether it is withdrawn prior to Discharge. Also, the trustee or creditors can object to dismissal if they think their interest will be compromised due to the dismissal. For example, if a debtor inherits $10,000.00 the day after a bankruptcy case is filed, the trustee (or a creditor) may object to the debtor's attempting to dismiss the case since they would be afraid the debtor would dismiss the case, then go spend all the money, and then come back and try to re-file a new case later. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

Skip your 341 meeting.

Answer 2

Presuming it's a voluntary bankruptcy of course: The general consences from previous similar questions- Try asking the court clerk for the assigned judge. If a Trustee has been appointed, contact them. Don't appear for the 341 meeting. (Personally I think contacting before or at least appearing and advising the Trustee that you don't want to proceed is better.) If the BK is a chapter 12 or 13, a motion for dismissal is filed with the clerk of the bankruptcy court, all petitioners must agree to the dismissal and sign the petition. If it is a chapter 11 or 7 the motion is filed with the clerk of the bankruptcy court or the clerk of the bankruptcy appellate panel, and a hearing date is set to determine if the bankruptcy is subject to be dismissal. In the majority of cases, a conversion BK cannot be dismissed once it has been docketed. The petitioner does not need an attorney and forms can be obtained from the office of the clerk of the bankruptcy court. Needed information should always be requested from the office of the clerk of the court with jurisdiction.

Answer 3

The best way, especially for a Ch 13 is to contact a local attorney. You may end up with a lower repayment plan by using an attorney as well because they understand all the exemptions that you may qualify for.

If you are set on doing it yourself, contact the clerk of the local Bankruptcy Court for the forms. Remember, the Clerk can NOT give you any advice.

Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.

Answer 4

You can have your Chapter 7 claim dismissed as long as the dismissal will not harm your creditors. This is filed with the court in much the same way as when you initially filed for chapter 7 bankruptcy

Answer 5

By not making your payment to the trustee. He will see you fell behind, and file a motion to dismiss your case. OR, pay back the entire amount you owe in a lump sum.

Answer 6

There are many ways one can file for chapter 11 bankruptcy. One can file for chapter 11 bankruptcy by proposing a plan in which the debtor plans on paying back debts over time.

Answer 7

contact a bankruptcy lawyer