As a Sacramento bankruptcy attorney serving the Carmichael area, I’m sometimes asked the question, if it’s possible to voluntarily dismiss a chapter 13 after having filed it.

As already mentioned in a previous post, it is possible to voluntarily dismiss a chapter 13 bankruptcy case, unlike a chapter 7.

So again, yes, you can inform the court that you’ve changed your mind and want to voluntarily dismiss your chapter 13. However, there are some cases where you can’t dismiss it, so I strongly recommend that you consult with your bankruptcy attorney before taking this step.

If, for example, the trustee sees that your chapter 13 is not feasible, he may object to confirmation of your Chapter 13.

Some other repercussions of a voluntary dismissal may also apply to you. Depending on your case, you may not be allowed to re-file a chapter 13 for 6 months after your voluntary dismissal. If this does not apply to you and you do indeed re-file for a chapter 13, the automatic stay will be limited to 30 days, after which you either get an extension approved by the court, or you are again subject to harassing calls from your creditors.

I recommend that you don’t make the decision without first consulting your Chapter 13 bankruptcy attorney and discussing all the implications for your present case and for possible future cases.

Please contact our Sacramento office serving Carmichael at 916-313-9069 or via email at info@california-bankruptcyattorney.com for a free consultation. We may be able to help you with your problems.