Expert: Terry Leeders - 1/3/2008

Question
I filed for Ch 7 in Aug 07 - which the trustee filed a motion for dismissal for "substantial abuse" because of my future income if I were to enter a Ch 13.  My lawyer filed a motion to convert my case to Ch 13 - however I  don't want to file at this time. I want to get my income tax refund and fix my teeth first ($1500)- if I file now I'll have to give it to the Trustee.  How can I get this dismissed?  I prefer to have the court dismiss the case, that way I can file again anytime I want.  I don't want to request a dismissal because then I'm barred from filing for 180 days.  Also, I'm thinking of taking a loan from my 401k prior to filing again, my house is in need of repairs and I know that once I'm in a ch 13 you cannot get loans without going through the Trustee.  Thanks

Answer
You are barred for 180 days only if the automatic stay was modified for any of your creditors or if the dismissal order requests it (normally doesn't).  If you don't make your chapter 13 plan payments the trustee will bring a motion to dismiss.  If you fail to appear at your hearing, they should bring one also.  You should speak to your attorney as to any repercussions this may have though.