Bruce, FL Bankruptcy Law Firms & Lawyers

What is stated below is not an applicable rule. With regard to payments on credit cards: Preferential payments, meaning significant payments made prepetition (before filing bankruptcy) within certain time frames, may present issues of discriminatory treatment of creditors that could merit redistribution of past payments. With regard to charges on credit cards: The particular nature of charges within 90 days prior to filing may effect a rebuttable presumption of fraud; however, that does not mean charges prior to the 90 days cannot be challenged. When bankruptcy's prepared right by specialized counsel, the materiality of such concerns is properly addressed to ensure the best result and allow for a stress-free and successful process. In short: seek counsel at present and do not risk various mistakes by waiting 3 months based on misinformation or partial information. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change.

You are free to try and dismiss you case, absent fraud or other wrong doing.   You should consult a local bankruptcy attorney because each state has unique local rules and a local attorney can determine how best to proceed.   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.

Without knowing all the specifics of your case, I can only give you a general answer. I would suggest you contact your attorney for advice for your specific case. Based on the information you have provided, I would recommend you convert to a Chapter 7, if you are eligible, and give up the home. The dogbite claim can be added to your creditors if you convert. Otherwise, I would recommend you file a motion to dismiss your case, provided a Motion for Relief from Stay has not been filed in your case. Of course, your creditors have a right to pursue you if your case is dismissed. Your home belongs to you until you either sell it or it is foreclosed upon. If you sell it while you are in your Chapter 13, you will need to get approval from the court to sale it. Again, you should consult with your attorney.