Voluntary Dismissal

• A debtor may file a petition for voluntary dismissal after filing for bankruptcy. The reasons for a voluntary dismissal may include the discovery of debt that is not dischargeable; enough money has been received to pay the debts; or the process is too stressful. Whatever the reason, the courts have discretion over whether to grant the dismissal. Each District Court uses different guidelines to make the decision, but a debtor with no assets is more likely to have the petition for dismissal granted.
  
  

Dismissal for Failure to Pay Filing Fee

• A debtor that files for bankruptcy is required to pay a filing fee. Filers may choose to pay the entire fee or pay the fee in installments. A Bankruptcy Court may dismiss a case when the debtor fails to pay the filing fee or misses an installment payment. Before dismissing the case, the court must provide notice to the debtor and to the trustee of the dismissal.
  
  

Dismissal for Failure to Timely File Required Forms

• A debtor who files for Chapter 7 or Chapter 13 bankruptcy is required to file official forms and documents with the bankruptcy court. A court may dismiss a case if the debtor fails to timely file a list of creditors, a statement of financial affairs, and the appropriate schedules, which include forms regarding real and personal property, creditor holdings, income, and expenditures. Notification to the debtor and the trustee is required.
  
  

Dismissal for Abuse

• A bankruptcy court will dismiss a Chapter 7 filing if it finds that the case is abusive. In order to qualify for Chapter 7 bankruptcy, a debtor must pass the means test. The means test is used to determine whether a filer meets the income requirements for Chapter 7. If a debtor fails the means test, then a court will consider the filing abusive. The court, however, has the option of dismissing the case, or converting the case to bankruptcy under Chapter 11 or 13 if the debtor consents.
  
  

Other Reasons for Dismissal

• A bankruptcy court may also dismiss a debtor's case for the following reasons:
  •Failure to attend a creditors meeting.
  •Failure to fulfill credit counseling requirements.
  •Prior cases pending or prior dismissals.
  •A previous discharge that bars the new filing.
  •Fraud against creditors or the Bankruptcy Court.
  
  

Motions to Dismiss by Trustees & Creditors

• Creditors and trustees may file motions to dismiss a debtor's case. Oftentimes, a motion to dismiss a case involves the debtor's failure to comply with procedural rules. A motion to dismiss may result if the debtor failed to provide income tax returns at least seven days before a creditors' meeting; the debtor failed to file a current income tax return; or the debtor failed to provide requested income tax returns while the case was pending.