Need to Dismiss Chapter 7 filing - Who needs to get the "Notice of Hearing"?

[rick123]

Filed chapter 7 bk to early to include income taxes. Need to file Motion to Dismiss. Was wondering who needs to be notified of "Notice of Hearing". Do all the creditors get notice? I know that the Trustee needs to be noticed, but not sure who else does. Can someone please let me know.

[AngelinaCat]

Well, you have a problem. A Ch7 is different from a Ch13, at least that is what I understand from all my reading and research. Once you filed Ch7, it took on a life of it's own. It isn't going to be your choice whether to dismiss or not. It is now in the hands of your trustee.

You do not say whether you have an attorney or not, but I certainly hope you do. You need to talk with that person asap.

[justbroke]

I certainly hope you have an attorney!

You cannot voluntarily dismiss a Chapter 7 by just a notice. You will need to file a Motion to Dismiss. Generally speaking, your attorney (or you if pro se) should have talked to the Trustee to see if this will go unopposed by the Trustee. The other issue is with creditors, but they generally don't intervene too much. In this particular case, maybe the IRS (U.S. Attorney) might intervene and say that you're doing it just so you can discharge the taxes.

If you actually have non-exempt assets on the table, it's highly unlikely this will go unopposed. Also, the Judge will have to weigh whether you are seeking a voluntary dismissal in good faith. I would say that your reason is not in good faith (because you're trying to hinder or delay a creditor -- the IRS).

The key is almost always, getting the Trustee to agree. I have never read a case where a dismissal granted over the objection of the Chapter 7 Panel Trustee.

As for who would get "served" on a Motion to Dismiss and Request for Hearing would be all parties in interest. That means all creditors, the Office of the United States Trustee, and the Panel Trustee.

(FYI I did some quick research for you. As I suspected, the U.S. Attorney, representing the United States of America, sought to have the Dismissal denied. The case was in Florida and is United States v. McDaniel (In re McDaniel), 363 B.R. 239, 244 (M.D. Fla. 2007). The debtor was granted the dismissal because the Judge found no prejudice to the United States (IRS). The problem is that these cases go either way!)

[rick123]

Thank you both for your quick replies. Yes...I am a pro se filer so there is no attorney involved. I did contact my trustee and he informed me that he has no objection to my Motion. I just received the date for my hearing, and wasn't quite sure if I had to notify all the creditors. Thank you to Justbroke for letting me know that I do. Therefore, I will file the Notice of Hearing and inform all the creditors ASAP. I agree that if I have any problem it will be with the IRS. The judge in my district has been most accomodating to pro se filers and too can only hope that he won't object to my Motion. I will also take a look at the case you mentioned in your post justbroke, and again thank you very much!

[justbroke]

Best of luck. We seriously hope that you come back later and update this thread with the results of your Motion!