NJ BANKRUPTCY 911

(201) 673 – 5777

NJ BANKRUPTCY 911

(201) 673 – 5777

The short answer is yes a debtor can file a motion to dismiss her case.  However, you would be better off having the case dismissed without you voluntarily filing a motion to dismiss.  

The reason is, if you voluntarily dismiss your case you are prevented from refiling a bankruptcy case for 180-days.  If you are in a Chapter 13 case for example, if you stop making your plan payments the trustee will file a motion to dismiss your case which in 99.9% of cases (in NJ anyway) would not be subject to the 180-day bar.  If you are in a Chapter 7 case, you may decide not to show up at the 341A hearing.  Not appearing at this hearing will usually (although not always) in New Jersey result in the trustee filing a motion to dismiss your case.

As always discuss your specific situation with an attorney.