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Can you cancel a bankruptcy after you have filed it and just short sell my property?
Anonymous4 views4 answers
We filed for bankruptcy in May 2013, mainly to cover our mortgage and they took one of our cars as well. So far, only the car has actually been sold (this May) and we are still being charged and pursued by the HOA since the property has not been dealt with.
Speak with your attorney. It is normally very easy to dismiss a Chapter 13 bankruptcy and next to impossible to dismiss a Chapter 7 bankruptcy, but your question does not specify which type of bankruptcy you are in.
If you don't have an attorney, you can use the link below to find one.
The one person who knows your case is your lawyer. You did not even tell us if it was a Ch. 7 or 13. Who is "they?" Did you not know the HOA continues to charge post-petition fees? Too many details missing so call your lawyer. If it was a Ch. 7, no there is generally no "do-over" (but again, we don't have the meaningful facts).
If you filed a case in May of 2013, it should have been discharged already if it was a Chapter 7 case. If you want to dismiss a Chapter 13 case, you can file a motion to dismiss the case with the clerk of the court, and the court will dismiss your case. You should discuss this option with an attorney, because of the problems you could generate for yourselves if you come out from under bankruptcy court protection.
If you are in Chapter 7, the Trustee sold the car and the Trustee is still dealing with the house then you can't sell the house. If you are in a Chapter 13 then you can dismiss and short sell. If in Chapter 13 you can get permission to sell and continue paying off other debts. More likely you would convert to 7 and then do the short sale after the case closes. Your mileage may vary.
