Voluntary dismissal

we have filed for chapter 7 bankrupcy in kansas. the trustee has required us to liquidate our annuity and turn that over, also the $1000.00 in our checking account the day of filing. I am thinking of voluntary dismissal and filing again. What are the down falls of that? Also, our tax refund came after the filing date. If I refile, will the trustee still be able to claim the refund?

I'm not an attorney but I've read that you can't dismiss voluntarily a chapter 7, but can request a change to a chapter 13 and then can dismiss a 13, but I could be wrong.

[Ladynred]

What would be the point of dismissing now since the trustee has already taken your money ? You're not going to get it back. Are you doing this on your own or do you have an attorney ?

Converting to a Chapter 13 would force you into a 3-5 year repayment plan for all your debts, usually at a percentage of the totals. Your income to expenses would be closely examined and, if there's ANY money left over after paying the necessary expenses, ALL of that 'disposable' cash goes to the trustee. Too many people start with Chapter 13 then end up converting to a Chapter 7 later, which is more logical.

I think you can ask to dismiss the case, but I'm not sure it would do you much good. Sr. Members.. any input ??

[bigun]

You may voluntarily dismiss a chapter 7 but, a lot of downside. You can't file another 7 for 180 days. Also, your creditors are released from the automatic stay and can proceed with collection activity and finally, you have 2 bks on your record should you decide to refile plus, the filing fee again.

It really sounds like you had a bad lawyer or tried this by yourself. I'd suggest getting competent counsel before you do anything else.

A bankruptcy attorney on another list suggested that while you can request a dismissal the trustee must agree to it.