US Legal Forms
Legal Resources
Questions & Answers
Bankruptcy
Can a bankruptcy case be dismissed if debts can be paid before discharge?

Can a bankruptcy case be dismissed if debts can be paid before discharge?

Q: Can you voluntarily dismiss a Chapter 13?

Yes, a debtor can voluntarily dismiss a Chapter 13 bankruptcy case. To do so, the debtor must file a motion with the bankruptcy court. The court will review the request and may grant the dismissal based on the circumstances. It's advisable to seek legal counsel to ensure proper procedures are followed.

Q: Do judgments go away with bankruptcy?

Not all judgments go away with bankruptcy. Dischargeable debts can be eliminated, but certain judgments, such as those for fraud or family support, remain enforceable even after bankruptcy. It's essential to understand which debts are dischargeable and consult with a legal professional for guidance.

Full question:

Can a person request that their bankruptcy case be withdrawn/dismissed if they receive enough in a lump some of money from a relative to pay outstanding debts to creditors and resume their monthly payment obligations to the them before the discharge and closing of the bankruptcy occurs? If so, what is the process for this request to the judge?

Category: Bankruptcy
Date: 04/07/2025
State: Florida

Answer:

A person can request to voluntarily dismiss their bankruptcy case. The bankruptcy court has the discretion to grant or deny this request. If a person receives a lump sum of money that allows them to pay their debts and resume payments, they can file a motion to dismiss their case. This motion should be submitted to the court, and the judge will decide whether to approve it based on the circumstances.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What judgments are not dischargeable in bankruptcy?

Certain judgments are not dischargeable in bankruptcy, including those related to fraud, willful and malicious injury, and some tax debts. Additionally, obligations for alimony, child support, and student loans typically cannot be discharged. It's important to consult with a bankruptcy attorney to understand the specifics of your situation and which debts may remain after bankruptcy.

Can a judgment be dismissed in bankruptcy?

A judgment can be addressed in bankruptcy, but whether it can be dismissed depends on the type of debt. Dischargeable debts can be eliminated, while non-dischargeable debts, such as certain tax obligations and family support, cannot be dismissed. Consulting with a bankruptcy attorney can help clarify which judgments may be affected.

Can you voluntarily dismiss a Chapter 13?

Do judgments go away with bankruptcy?

What is a notice of withdrawal of trustee's motion to dismiss?

A notice of withdrawal of a trustee's motion to dismiss is a formal document filed with the bankruptcy court indicating that the trustee is retracting their request to dismiss the bankruptcy case. This can occur for various reasons, including the debtor's compliance with court orders or payment plans. It is important to follow up with the court to ensure the case remains active.

What is a motion to reconsider bankruptcy dismissal?

A motion to reconsider bankruptcy dismissal is a request made to the bankruptcy court asking it to review and potentially reverse its decision to dismiss a bankruptcy case. This motion must be based on new evidence or a change in circumstances that justifies keeping the case open. Legal advice is recommended to navigate this process effectively.