After filing a bankruptcy, a debtor may desire to dismiss the case for a variety of reasons. The procedure for accomplishing the dismissal varies, depending upon the chapter under which the case was filed and the history of the case. Here are some guidelines for dismissing a case:

Chapter 12 or 13 case - A chapter 12 or 13 debtor may request the court to dismiss his/her case at any time, and this is generally done without a hearing - provided that the case was not previously converted from a chapter 7, 11 or 12 case. The debtor must request dismissal by filing a motion or a letter expressing a clear intention to dismiss. If the case is a joint case, both debtors must sign. When the court receives the motion or request, the court will issue an order [or in some situations will set up a hearing] and will send notice to all creditors and interested parties. Note! If the request for dismissal is filed after a party has filed a motion for relief from the automatic stay, the debtor will be ineligible to file another bankruptcy petition for 180 days. Therefore, the order dismissing the case will bar the filing of another petition for that period. After the case is dismissed, the trustee will file a final report. If there is no objection to the report, the court will close the case approximately 30 days later. A suggested Motion to Dismiss Chapter 13 Case is attached.

Chapter 7 or 11 - A chapter 7 or 11 debtor must file a motion to dismiss and this motion must be set for a hearing. The procedure for seeking dismissal of a case follows: (1) The debtor prepares a Motion to Dismiss Case. If the case is a joint case, both debtors must sign the motion. (2) The debtor calls the calendar clerk at the court [(808) 522-8100 ext. 111 or email to Calendar@hib.uscourts.gov] and asks for a time and date for the hearing. (3) The debtor prepares a Notice of Hearing. (4) The debtor mails a copies of the motion and the hearing notice to all creditors and interested parties in the case. It would be a good idea to get a copy of the updated list of creditors from the court to used for this purpose. (5) The debtor prepares a Certificate of Service . (6) The debtor files the motion, the hearing notice and the certificate of service with the court. (7) The debtor attends the hearing and explains to the judge why the case should be dismissed. If the case is dismissed, the court will prepare an order dismissing the case. Note - In certain instances, the court will issue an order barring the debtor from refiling a bankruptcy case for 180 days from the date of the dismissal order. This is most likely if the Motion to Dismiss is filed after a Motion for Relief from Stay has been filed by a creditor.

Dismissing one debtor in a joint case - If a husband and wife file a joint case, it is possible for one of the debtors to seek dismissal of the case, leaving the other debtor as the sole debtor in the case. The procedure would be the same as described above [the procedure would depend on the chapter of the case] but only the debtor who wishes to be removed from the case would sign the motion or request.

Factors to Consider before Dismissing your case - People wishing to dismiss their bankruptcy cases should seek advice from an attorney and/or credit counselor to insure that they are making the right decision. There are several things to consider when making this decision: (1) The bankruptcy filing will not be removed from your credit record because the case is dismissed; (2) The court may issue an order barring you from filing another bankruptcy for a period of time; and (3) If you dismiss your case with the intention of filing another case to frustrate creditors, the creditors may seek dismissal of your new case and take other actions to prevent you from filing in the future. It is always a good idea to seek advice from a professional before taking actions which could affect your credit for many years in the future.