Procedures for Dismissal of Bankruptcy in Illinois
As an Illinois resident, you either pursued or are contemplating pursuing a bankruptcy. You might be wondering what the procedures are for dismissal of bankruptcy in Illinois. The reality is that there are occasions in which a person elects to file a bankruptcy only to reach a juncture at which she concludes that dismissal of the case is a desired course.
Other People Are Reading
-
Notification of Trustee
-
Pursuant to both the U.S. Bankruptcy Code as well as the local rules of all of the individual bankruptcy courts in Illinois, the trustee is responsible for overseeing the day-to-day activity of your case. Therefore, if you make the decision to seek dismissal of your bankruptcy case, you need to provide notice of your intentions to the trustee, together with an explanation as to why you want to take this course. Although a phone call to the trustee is acceptable, you are best served by putting your intentions to seek dismissal in writing.
Motion to Dismiss
-
A written motion to dismiss must be prepared and filed with the clerk of the bankruptcy court. The motion needs to specifically set forth the reasons why you want to seek dismissal of your pending bankruptcy case. The motion must be sent to all of your creditors and to the trustee. After you file the motion, the court will set a hearing date to consider your request.
-
Hearing
-
At the hearing, the trustee will express her opinion about your desire to dismiss the case. If the trustee objects to the dismissal, it is highly likely that the judge will deny your request. Creditors can also appear at the hearing and express any objections that they have to dismissing the case. Without a demonstration by a creditor that your attempt to dismiss the case is rooted in something fraudulent, the objection of a creditor likely is not enough to derail your objective.
Order
-
Upon approving your motion to dismiss, the bankruptcy court will issue an order granting your request. Keep in mind that the U.S. Bankruptcy Code as well as local Illinois bankruptcy rules allow the court the ability to prohibit you from refiling a bankruptcy after a dismissal within a designated period of time (perhaps upwards to two years).
Legal Representation
-
You can pursue a dismissal of your bankruptcy case on your own. However, the procedures associated with dismissing a bankruptcy case are complicated. Therefore, a typical consumer is best served by engaging the services of an experienced and qualified bankruptcy attorney to undertake a dismissal of a case.
-
