![]() In the first part of the analysis, the Court must find that dismissal is in the debtor’s best interest and will evaluate whether the debtor is still able to secure a fresh start. As part of the determination, the Court will weigh the equitable factors involved in granting the debtor’s request. The Court will determine whether cause exists by examining whether a dismissal would be in the best interest of all parties concerned. In general, the Court will deny a debtor’s request for dismissal unless there is a compelling reason and the debtor can demonstrate that they have the ability to pay their creditors outside of bankruptcy. In order to obtain permission from the from the Bankruptcy Court to withdraw a case voluntarily, the debtor must make a motion pursuant to 11 U.S.C § 707(a). Obtaining The Bankruptcy Court’s Permission To Voluntarily Dismiss A Chapter 7 Generally, a debtor can only withdraw their Chapter 7 bankruptcy if they have a valid reason and the circumstances rise to a level deemed to be “good cause.” Additionally, the debtor must show the Court that creditors will not be prejudiced by the dismissal of the case and that the dismissal is in the debtor’s own best interests. There are a number of factors that the Bankruptcy Court must evaluate before a debtor is permitted to voluntarily dismiss a Chapter 7 Bankruptcy case. Filing for Bankruptcy is a big decision but once a debtor files their bankruptcy case, it cannot be voluntarily withdrawn without Court permission. ![]()
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