dismissal question

[MSH]

What does a Trustee need to see to dismiss a case? What are the most common causes for dismissal?

[JRScott]

Probably the most common reason would be failure to meet the needs of the law, for example improper filing, missing papers, failure to appear at the 341 meetings. However generally most of the trustees do give you a few chances to correct these before dismissing.

If they see fraud they will dismiss with prejudice which is very bad.....

[lrprn]

The reasons for Ch 7 and Ch 13 dismissals can be different.

Ch 7 dismissals are more typically what JS referred to in his post. Once filed, a filer cannot voluntarily dismiss their own Ch 7 - only the trustee can.

Ch 13 dismissals are usually due to stopping the agreed payments without contacting the trustee to get a short-term 'bye' until a temporary reduction in income or increase in expenses corrects itself, without amending the 13 plan, or not converting to Ch 7. Ch 13 filers can voluntarily dismiss their cases if they wish, or the trustee can dismiss their 13 as well.