Cincinnati, OH asked in Bankruptcy for Ohio

Q: can I change my mind to file bankruptcy? Papers are ready but we have not signed off

I have paid the initial fee. The only thing we have signed is the initial papers to get started. I understand I may lose my initial fee but can I still stop the process?

Thank you

Related Topics:
3 Lawyer Answers
Stuart Nachbar
PREMIUM
Stuart Nachbar
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: As far as I know, if you have not filed the bankruptcy, then you can request that counsel file under a different Chapter if possible. Chapter 7 vs Chapter 13. You may ahve to pay additional monies but it should be able to be done prior to filing without much trouble.

Timothy Denison agrees with this answer

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: Yes, you can "stop" the process, in more than one way.

You can tell your lawyer, by direct voice, not voicemail, to refrain from filing. Follow that up with an email marked "high importance".

It may be that the initial docs (signed Petition, a list of creditors with addresses, your Certificate of Completion of the debt advisory course, have already been filed. You can, nonetheless, dismiss your case (there are some practical ramifications you should consider).

TALK WITH YOUR BANKRUPTCY LAWYER ABOUT YOUR ISSUES.

After four decades of practicing in this area, I have found that many clients really do not know the issues involved, or have not thought through them rationally, relying on superstition, internet "wisdom" or their own "gut sense", rather than the tailored, specific advise of an experienced practitioner.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. If you have not filed, you don’t have to file. Just notify the lawyer and don’t file it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.