What is the format to request a voluntary dismissal of a chapter 7 case due to an un-forseen raise in pay? I live in San Bernardino, California.

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What is the format to request a voluntary dismissal of a chapter 7 case due to an un-forseen raise in pay? I live in San Bernardino, California.

I filed for chapter 7 bankruptcy in San Bernardino county, CA due to upcoming furloughs and layoffs (which did not happen) and other losses and extra bills for co-pay status on my son’s school loans which I have to pay as he is out of work.

Asked on June 1, 2009 under Bankruptcy Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

For the bankruptcy in San Bernardino, CA: You need to contact the bankruptcy trustee and inform him/her of your change in circumstances.  Poossibly with the increase in pay offset by your other extra bills you may still qualify for a Chapter 7.  If you don't the bankruptcy code allows for a Chapter 7 to be converted to a Chapter 13 bankruptcy, assuming that you qualify. 

Basically, the reorganization bankruptcy for consumers, in which you partially or fully repay your debts, is a Chapter 13 bankruptcy.  With a Chapter 13 you keep your property and use your income to pay all or a portion of the debts over three to five years.  The minimum amount you must pay is roughly equal to the value of your nonexempt property.  In addition, you must pledge your disposable net income -- after subtracting reasonable expenses -- for the period during which you are making payments.  At the end of the three-to five-year period, the balance of what you owe on most debts is erased.

Be sure to consult with a bankruptcy lawyer in San Bernardino county, California for more detailed advice for your particular situation.

For more information on Chapter 13, I've provided a link that can explain it in further detail: http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter13.html


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