Can I withdraw my bankruptcy filing? I have not received a discharge yet.
-- Tim
A.
The answer to your question depends on what chapter you chose. It is usually impossible to dismiss a Chapter 7 case. Often people want to dismiss the case because some asset has been identified that the trustee claims for the benefit of the creditors. Courts are reluctant to deprive creditors of a dividend in a case that, after all, the debtor initiated.
Chapter 13 cases can be freely dismissed. The traditional thinking was that the debtor could not be required to surrender a part of his salary to creditors unless he was willing. This is one of the most compelling reasons in my view to elect Chapter 13.
A Chapter 7 case can usually be converted to a case under Chapter 13. In that way, the debtor remains in possession of his property, and pays the creditors the net value of the property over time.
