Gary Massey Outlines the Bankruptcy Dismissal Procedures in Tennessee

Posted On: April 17, 2012 under

A dismissal in a TN bankruptcy case commonly means something has gone wrong in the case, such as a failure by the debtor to comply with the Bankruptcy Code, and the bankruptcy case, as a result, is going to end prematurely and without a discharge. A creditor may win under these circumstances because the debt remains due and still owing. As a Tennessee bankruptcy attorney, Gary Massey knows how complex and unique each bankruptcy case is and how essential it is for each client to fully understand their legal rights after filing for bankruptcy.

With this in mind, the following is information regarding bankruptcy dismissal procedures in the state. In TN, the United States Bankruptcy Court for the Eastern District of Tennessee oversees all bankruptcies and rules on dismissals.

  1. Voluntary Dismissal: The Court does not allow individuals to dismiss their own Chapter 7 bankruptcy case, ruling in 2009 and 2010 that it is not fair to creditors. A person can try, however, to file a motion to dismiss with the court. By contrast, one can dismiss his or her own Chapter 13 bankruptcy at any time with a few minor exceptions, which is simply a matter of submitting a request to the court.
  2. Dismissal by Trustee: An involuntary dismissal may occur for any of the following reasons: if a person fails to pay his or her Chapter 13 payments; if all of the required paperwork is not filed; or if the trustee or one of your creditors finds out that you misrepresented some fact in your petition. Usually, a warning is given allowing an opportunity to correct the mistake; if the effort fails, the case will most likely be dismissed by the judge. Avoiding and correcting mistakes requires an experienced attorney who cares about your financial condition.

There are various options a person has in the event of a dismissal, but in addition, there are also risks associated with this. To ensure a successful outcome in your bankruptcy case and a bright financial future, Chattanooga bankruptcy lawyer Gary Massey and the legal team of Massey & Associates have the knowledge and skills needed to help you. To schedule a free consultation regarding your case, call (423) 697-4529.

Search