Posted on
May 31, 2009
at
11:07 pm
i filed for Bankruptcy roughly two weeks ago fro today and i'm wondering if i can still take it back. i initialy filed for bankruptcy because i just lost my Job and was honestly not expecting that i would be re-hired. so can i still be able to not file it anymore
Posted on
May 31, 2009
at
11:20 pm
You may file for an
annulment of bankruptcy if you have already reached an agreement with your creditors called the "
individual voluntary arrangement" in which both parties have agreed that the debts would be paid in part or in full.Inform your attorney, trustee, and creditors immediately.
Posted on
June 1, 2009
at
12:14 am
Just to correct the last poster, the annulment of bankruptcy is a term used in the commonwealth countries, and in the U.S. the term is voluntary dismissal of the case in which the consumer would have to file a motion to dismiss on the grounds of _______. This is by no means a legal advice by the way, but what was said is correct on the part wherein you have to notify your attorney, trustee, and creditors about your decision.
Posted on
June 1, 2009
at
12:40 am
Thank you for the correction.Under Chapter 13 you have the right to file for the dismissal of your case. Consumers usually file this if they feel like they cannot fulfill terms of the repayment. They would still owe their creditors the amount that they owe plus the interest that it incurred while the case is running. Under Chapter 7, dismissal of the case may depend on the the district where it was filed. Some courts are not lenient on dismissals, especially if the consumers estate has assets that can be sold. If the consumers case is a no-asset case, and if the creditors have no objection to the dismissal, then the consumer can go ahead and file what's called The Petition for Voluntary Dismissal.The consumer should seek the advice of his/her lawyer and or check his/her district's bankruptcy court with regards to rules and procedures.