May a debtor simply withdraw his or her bankruptcy proceeding? If not, what process must he or she follow and why?
What will be an ideal response?
After a bankruptcy case is filed, a debtor cannot simply decide to withdraw the case at his or her convenience. There must be a good reason, and not wanting to go through with it will not pass muster with the court. The court must be satisfied that no harm or prejudice will befall the creditors. Prejudice to a creditor can occur when one creditor is given preferential treatment over another unfairly. Suddenly coming into money is not a good reason for the debtor to request a dismissal of his or her case voluntarily. The court will simply view that as an opportunity to distribute assets to the creditors. The debtor must show that he or she has worked out an arrangement with the creditors or other plausible arrangement providing for the creditors' interests. The debtor must follow the proper protocol, which involves notifying all interested parties and, of course, filing the motion to dismiss. This can be done by using Form 20A of the Official Bankruptcy Forms. The trustee will likely raise objections, to which the debtor must be prepared to respond.
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A.l.r.:
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A poor filing system has the following characteristics.?
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