Can I Dismiss My Chapter 13 Bankruptcy Case?

by Jay Fleischman, Esq.

October 14, 2007

Federal bankruptcy law allows you to request that your Chapter 13 case be dismissed at any time. However, you should discuss with your attorney the consequences of requesting your case to be dismissed. It is important to understand the difference between a dismissal of your case and receiving a discharge in your case.

Dismissal of your case reactivates all of your unpaid debts, all interest, finance charges, and late charges not allowed by the Court. It also reactivates debts of creditors who did not file a claim in your case. Additionally, you will be forced to deal with these creditors on their terms – not yours or the Court’s.
A request to dismiss your case must be filed with the court and signed by the Judge.

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Jay S. Fleischman is a bankruptcy lawyer with offices in Los Angeles and New York. He can often be found on Google+ and Twitter, where he shares information about consumer protection issues and personal finance.

Last modified: October 14, 2007