How to Dismiss a Chapter 13 Bankruptcy
- 1). Notify in writing the bankruptcy court trustee of your desire to dismiss your case. The bankruptcy trustee is the court official who oversees your case on a day-to-day basis. Obtaining the approval of the trustee for a dismissal virtually ensures ultimate approval by the court.
- 2). Obtain a form to file a motion to dismiss from the bankruptcy court clerk. Bankruptcy court clerks maintain a selection of standard forms for debtors unrepresented by legal counsel. Additionally, the main U.S. Bankruptcy Court website maintains a selection of commonly used forms you can download.
- 3). Complete the motion to dismiss. Include the specific reasons why you desire to obtain a dismissal of your case. Make note of the trustee's approval of the request, if that is the case.
- 4). Deliver a copy of the motion to the bankruptcy court trustee.
- 5). Mail a copy of the motion to all creditors.
- 6). Obtain from the court the objection deadline regarding your motion. The objection deadline is the final date a creditor must voice opposition to your proposed dismissal. The clerk will have sent notice of and instructions about the objection process to each creditor. If the court receives no objections, and if the trustee concurs with the proposal, the court typically automatically issues an order dismissing your case.
- 7). Attend the hearing on your motion to dismiss if one is up scheduled by the court.
- 8). Present evidence and arguments in support of your motion to dismiss. Be prepared to respond to any opposition raised by a creditor. Provided the court agrees with you, an order of dismissal is issued.
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