when will chapter 7 be discharged
Why would you want to voluntarily dismiss it? It will still sta
Why would you want to voluntarily dismiss it? It will still stay on your credit for the full 10 years, even though dismissed.
Have you called your court to find out when it would be dismisssed? We cannot predict those sorts of things.
Did you file pro se, or did you use an attorney? I just find it
Did you file pro se, or did you use an attorney? I just find it odd that the trustee would be taking your last $1100 -- I would think those funds would fall under one of the many exemptions you are allowed. Unless, of course, you didn't claim your bank account as exempt.....
I believe chapter 7 cases are usually discharged after the trustee submits his asset report. Generally it's about 4-5 months after you file.
If you want to dismiss the case, either talk to your attorney, or download the form off the court's website.... go to http://www.uscourts.gov/courtlinks/[URL="http://www.uscourts.gov"][/URL], choose the local bankruptcy court that you filed in and follow the link to their own site; then there is usually a link to court forms. Or you can call the court clerk and ask them how to file a voluntary dismissal. But like soaplady says, it will show "Bankruptcy Dismissed" on your credit report for 10 years; not to mention then you will be back at square one owing all your debt, and the collection calls will start again.
I did pro se but wasn't thinking about the timing of when I file
I did pro se but wasn't thinking about the timing of when I filed being at the beginning of the month when I just got paid instead of the end of the month when I have no money in my bank account. The trustee said that money was intangible and could not be claimed an exemption. Assets in your bank account, cash on hand, etc can be taken. Only tangible items can be excluded.
I know its kind of wrong but I want to dismiss my case then refile in 6 months and this time I'll file at the end of the month instead of the beginning of the month when I don't have any money in my bank account. Then, I'll only be out $600 instead of $1100. So, saving myself $500. Even the trustee told me I should have waited to file but since I didn't she can legally take that money. I don't have an attorney but I have a friend and he helps me some but he isn't getting paid. He says it is not wrong but just using the laws to your advantage and everyone does it. Plus, I don't want to lose my tax refund check which the trustee wants to take so this gives me time to get my tax refund check back. I don't care about what my credit report says, its a mess anyway, with or without the BR.
There is nothing wrong with your plan; the laws will certainly a
There is nothing wrong with your plan; the laws will certainly allow to refile again in 6 months.
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Then, I'll only be out $600 instead of $1100. So, saving myself $500. |
I would have to consider this, though. If you dismiss this case, and then refile in 6 months, you will have to pay the filing fee again. Which I think is around $300 (but I'm not sure). So you will spend another $300 to save $500, net gain = $200.