My husband and I filed a Chapter 7 bankruptcy. We have just received a notice of motion to dismiss. What does this mean?
Notice of motion to dismiss
1 Comments:
A Notice of Motion to Dismiss is a court procedure to dismiss, or cancel, your chapter 7 bankruptcy.
The court may dismiss a Chapter 7 bankruptcy if the debtor:
(1) unreasonably delays the proceedings to the creditors' prejudice;
(2) fails to pay necessary fees or payments; or
(3) fails to file the appropriate schedules.
Dismissal may also be justified if the debtor is an individual who has primarily consumer debt and the court finds that the granting of relief would be a substantial abuse of the bankruptcy process. Substantial abuse has been found by courts if the debtor is actually able to pay his debts when due.
You should consult your bankruptcy attorney to determine why the motion to dismiss has been filed, and to determine what action is required on your part to defend against this motion.
By Bankruptcy Expert, at 4:14 PM
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