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Motion to dismiss chapter 7 sample

Motion to dismiss chapter 7 sample 2025

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The document is a motion filed by the debtor in the United States Bankruptcy Court for the District of Hawaii, requesting to dismiss a Chapter 7 bankruptcy case under 11 U.S.C. § 707(a). It includes details about the hearing date and time, instructions for filing objections, and emphasizes the importance of responding to protect rights in the bankruptcy proceedings.

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What are the two situations in which a court might dismiss a Chapter 7 filing?

The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including failure to provide requested tax documents; failure to complete a course on personal financial management; transfer or concealment of property with intent to hinder, delay, or defraud creditors;

How do you write a good motion to dismiss?

Writing a Persuasive Motion to Dismiss Be Clear and Concise: Use straightforward language and be diligent with proofreading. Stay Focused on the Legal Issues: Avoid unnecessary details and stick to the relevant legal arguments. Support Every Claim: Use statutes, case law, and rules of procedure to back up your points.

Can a Chapter 7 be dismissed?

Once you file for Chapter 7 bankruptcy, you dont have an automatic right to dismiss it voluntarily. Whether youll be allowed to dismiss your Chapter 7 bankruptcy will depend on: whether you own nonexempt assets. whether dismissal will prejudice your creditors.

What is an example of a motion to dismiss?

For example, before disgraced comedian Bill Cosbys retrial, his defense team filed a motion to dismiss, arguing that the sexual assault alleged in the criminal complaint had happened outside of the statute of limitations.

How to get Chapter 7 dismissed?

You can also file a motion to dismiss your Chapter 7, but you will likely need an attorney to prepare the motion because there is no form. Even if you file a motion, the trustee may object and your Chapter 7 may or may not be dismissed.

What are exempt assets in Chapter 7?

Understanding Bankruptcy Denials ing to recent data from the Administrative Office of the U.S. Courts, approximately 0.4% of Chapter 7 and 13 bankruptcy cases are dismissed due to denial.

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