If I file a petition for bankruptcy, can I have the petition withdrawn before it goes to court?

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If I file a petition for bankruptcy, can I have the petition withdrawn before it goes to court?

Due to being unemployed for some time I got behind on my mortgage. A foreclosure sale was scheduled. I was working with my mortgage company for modification but time was running out. I filed a petition for bankruptcy just to stop the sale. My mortgage company then postponed the sale and is working with me on a modification. If it is approved can I withdraw my petition for bankruptcy if it hasn’t gone before a judge, yet?

Asked on April 26, 2012 under Bankruptcy Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under federal bankruptcy laws, a person who has filed for bankruptcy protection is entitled to dismiss his or her filing at any time before final approval. As in your situation, you have the option to dismiss your bankruptcy filing before you have a hearing in court with respect to your filing.

Before you do so, I suggest that you consult with the presumed bankruptcy attorney that you have representing you in your matter to make sure that you full understand the ramifications of the intended dismissal of the filing.


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