Met with two attorneys and.....

[ColoradoBell]

scary when two attorneys from two separate law firms that were highly rec'd, give you two separate and oppositional answers to every question.

But one thing surprised me and I want to check it out here.

I was told that you cannot voluntarily dismiss a Chapter 7 filing?
No one has ever said that to me before, and I was just wondering if it's true.

(The question came up because I advised him that I needed to file precipitously and wondered if we could file
right away: anyhow, he said we could file a Ch 13 as an emergency filing, but that we couldn't file a ch because it couldn't
voluntarily be dismissed. Since he said some other things that turned out to be a case of mistaken facts, I thought I'd best check here)

[HHM]

Do you mean voluntarily "dismiss?" If so, that is correct, once you file Chapter 7, there is no provision to simply get out of it. There are some things you can do to force a dismissal (e.g. not show up for the 341 meeting), but you need cause to dismiss and there is are few reasons the courts accept as cause.

Generally, once you file chapter 7, you are stuck with the eventual outcome.

[BROKEDED]

Out of curiosity, if you didn't show up to your 341 hearing and the case is subsequently dismissed, can you refile or is that your one chance per 8 years?

[HHM]

If your case is dismissed you can refile.

Back to the OP; generally, if you need to file right away, it is always better to do it as a chapter 13 because you can always voluntarily dismiss or convert to chapter 7. So if time is critical, the emergency petition should always be a chapter 13.

[BROKEDED]

If your case is dismissed you can refile.

I'm sorry, is that true for both CH 7 and CH 13?

[HHM]

I'm sorry, is that true for both CH 7 and CH 13?

True for both, however, you may have issues with the 6 month rule and you will probably need to file a statement of good faith filing.

The 8 year rule relates to having received a discharge in a prior case.

[ColoradoBell]

Thanks HHH. I see where it makes sense because in a 7 you are trying to discharge debts to creditors and it would impact them if you filed and then suddenly withdrew.

I think the attorney didn't believe I could pass the means test for a 7, tho I took the test on NOLO and it said I passed even before I filled in all the allowable (by IRS) deductions.

So if a 13 was filed and then converted to a 7 would it only cost me the extra filing fee?

[HHM]

So if a 13 was filed and then converted to a 7 would it only cost me the extra filing fee?

That depends on the law firm.

As for the means test, you need to give some flexibility at the consultation, even the best attorneys are not going to give you a definitive yes or no at an initial free consultation. Hopefully you can find a firm that will at least do everything needed to make a 7 work.