North Fork, CA asked in Bankruptcy for California

Q: What form is used to motion for dismissal of bancruptcy Chapter 7 in CA?

I am representing myself (pro se). It is very important that I get this bankruptcy withdrawn so that it will not go on my record.

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1 Lawyer Answer
Cynthia Jean Nelson
Cynthia Jean Nelson
  • Bankruptcy Lawyer
  • Fremont, CA
  • Licensed in California

A: It is not easy to get a Chapter 7 bankruptcy dismissed after it is filed. Chapter 13 filers have a legal right to change their mind and dismiss their case. Chapter 7 filers do not have this right. There is no form for this. You have to submit a motion to the Court explaining why the case should be dismissed and asking the Judge to order the case dismissed. If the Trustee sees assets that can be sold to pay debts, you will likely lose on your motion.

In your situation I would consult an attorney. You are in a bad situation, but there may be ways a skilled attorney can make it better.

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