| During the course of a bankruptcy, a debtor may ask a court to dismiss the case. If the court finds that dismissal will not harm the creditors, ordinarily a court will grant a petition to dismiss a Chapter 7 bankruptcy. It all depends on your judge. The judge assigned to my case hears at least 15 voluntary motions to dismiss CH 7's a week here! 11 U.S.C. § 1307(b), § 707 of the Bankruptcy Code allows dismissal of a Chapter 7 case only for "cause," and only after notice and a hearing. 11 U.S.C. § 707 (a). The applicable section does not define "cause," and furthermore gives no guidance to the Court on the question of what constitutes "cause" for dismissal of the Chapter 7 case. So, it all depends on what is accepted cause in any jurisdiction. Be aware however.. there are a lot more denials of MTD than grantings.. here are a couple of cases and you'll see why they went southward.
[url]http://www.craigmacauley.com/cases/12-21-00.htm[/url]
[url]http://www.ce9.uscourts.gov/web/bap.nsf/0/745F892752A0B1FF88256F590000C83D/?opendocument[/url]
That being said, there are forms available, if that's what you choose to do... the free service I use to find legal forms is down at the moment. I'll give you the link and you can check it when the server is back up.. good luck!
[url]http://www.lawyerassistant.com/freeforms/#debtor[/url] | 
06-22-2005, 06:49 PM
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