In some circ*mstances you are not permitted to dismiss your Chapter 7 bankruptcy case.
Updated by Cara O'Neill, Attorney University of the Pacific McGeorge School of Law
Nolo was born in 1971 as a publisher of self-help legal books. Guided by the motto “law for all,” our attorney authors and editors have been explaining the law to everyday people ever since. Learn more about our history and our editorial standards.
Each article that we publish has been written or reviewed by one of our editors, who together have over 100 years of experience practicing law. We strive to keep our information current as laws change. Learn more about our editorial standards.
Once you file for Chapter 7 bankruptcy, you don't have an automatic right to dismiss it voluntarily. Whether you'll be allowed to dismiss your Chapter 7 bankruptcy will depend on:
- whether you own nonexempt assets
- whether dismissal will prejudice your creditors
- your reasons for wanting the dismissal, and
- the policies and procedures in your jurisdiction.
- You Don't Have the Right to Dismiss a Chapter 7 Case
- You Can't Dismiss a Chapter 7 If Creditors Will Suffer
- Obtaining Court Permission to Dismiss in Chapter 7
- Converting to Chapter 13 When You Can't Dismiss in Chapter 7
You Don't Have the Right to Dismiss a Chapter 7 Case
A Chapter 7 bankruptcy case isn't like other court cases. If you file for Chapter 7 bankruptcy, you must be prepared to complete it because, unlike Chapter 13 bankruptcy, you don't have the right to back out.
Generally, you can only dismiss your Chapter 7 bankruptcy if you have a good reason (good cause). For instance, if you find out that you'll lose property that you thought you could keep, you can't simply dismiss your case. However, if you find yourself in a bind, talk to a bankruptcy lawyer—an attorney might find an issue that rises to the level of good cause. But again, don't count on it.
(Learn about property you can and cannot keep in Chapter 7 bankruptcy by reading What Is Exempt Property?)
You Can't Dismiss a Chapter 7 If Creditors Will Suffer
The moment you file for Chapter 7 bankruptcy, all of your assets become property of the bankruptcy estate under the control of the appointed bankruptcy trustee. The trustee must sell your nonexempt property—the property you're not entitled to keep—to pay your unsecured creditors.
If you own nonexempt assets that can be sold to pay your creditors, the creditors will be prejudiced (negatively affected) by dismissal of your Chapter 7 bankruptcy. They won't get paid. In that case, the court will typically not allow you to dismiss your case unless you can show cause and an alternative way to satisfy your creditors.
(For more information about exempt assets, see Bankruptcy Exemptions.)
Obtaining Court Permission to Dismiss in Chapter 7
In bankruptcy court, your financial interests will be of lesser importance than those of your creditors. That's not to say that you'll never receive permission to dismiss your case—it can happen. However, in most cases, the court will deny your request for dismissal unless you have a compelling reason and can show that you can pay your creditors outside of bankruptcy.
Converting to Chapter 13 When You Can't Dismiss in Chapter 7
Even if the court denies your request to dismiss your Chapter 7 bankruptcy, there's a chance that you'll be able to convert your case to a Chapter 13 bankruptcy. Unless you are trying to convert your case in bad faith, most courts will allow you to convert if you have regular income and can show that you can afford a Chapter 13 bankruptcy.
If you have nonexempt assets, converting your case can allow you to keep your property and pay back a portion of your debts through a Chapter 13 repayment plan.
Take our bankruptcy quiz to identify potential issues and learn how to best proceed with your bankruptcy case.
