Can I cancel out of my Chpt 13 before the hearing tomorrow?

[jgard]

What is the name of your state? MN

My chapter 13 hearing is scheduled for later today, and I am not comfortable proceeding. I want to cancel or delay the bankrupcy until I have time to get my questions answered and feel more comfortable with the plan. Potentially getting another attorney, if need be.

My lawyer has been less than forthcoming over the last couple weeks, and I have several concerns that the bankruptcy won't solve my problems in the way that I was expecting.

I beleive that I have to show up for the hearing, regardless, and I plan to. My question is related to what "technically" I should be requesting, and whether I can do anything to slow down the process in order to increase my understanding and cerment my decision to proceed or not.

Thanks for your help!

 

[Ladynred]

You can voluntarily dismiss your bankruptcy at any time. All you need to do at your 341 meeting is tell the Trustee that you wish to dismiss. However, if you do that, you'll probably have to wait 6 months before you can refile. If you can survive the collections from creditors for that long, then do it.

Here us a link to a Motion to Dismiss a Ch 13:

http://www.lawyerassistant.com/freeforms/debtor_pleadings/motion_to_dismiss_ch13.doc

There are other forms on that same site:
http://lawyerassistant.com/freeforms/

 

[HomeGuru]

Show up and request a continuance based on your finding a new attorney.