As a Sacramento bankruptcy attorney serving the Carmichael area, I’m sometimes asked the question, if it’s possible to voluntarily dismiss a chapter 7 after having filed it.

Usually, people who suddenly change their minds for various reasons, and no longer want to follow through with their bankruptcy ask this. One of the reasons may be that they would lose a valuable asset that they hadn’t thought about before. Another reason may be that they either forgot to include a debt in their petition, or they incurred new debt after filing for chapter 7, which they now want to include in a new petition.

However, it is not possible to simply inform the court, that you’ve changed your mind and want to dismiss your case. Section 707 of the bankruptcy code specifically requires a judge to dismiss a chapter 7. In this aspect chapter 7 differs from chapter 13, where it is possible for you to voluntarily dismiss your case.

It is important to keep this rule in mind and to be very sure that you want to follow through with your chapter 7 bankruptcy. If you try to appeal to the judge to dismiss your case, he may become very suspicious of you and think, that you may be trying to hide something.

It is possible to convert a chapter 7 into a chapter 13, but in most cases, that may not be the best option for you.

I recommend that you meet with a bankruptcy attorney and discuss all the details, take a close look at your debts and assets and become aware of all the implications of filing a chapter 7 bankruptcy.

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.