Expert: Mark J. Markus- California Bankruptcy Attorney - 4/13/2009

Question
I filed for a chapter 13 a week ago. I received letters for settlements with my creditor prior to filing, but was afraid they would not be honored by past experience and advice. Now the trustee is wanting more info on our personal business and is talking about making it a chapter 11 which we are not willing to do. If I decided to change my mind and not go through with the bankruptcy will all my creditors be notified it has been withdrawn, and will the fees paid for filing be refunded? I have not yet had the meeting of creditors, or paid any iniitial payment to the trustee as I just signed the papers a little over a week ago. If I change my mind what is the worse case scenario. I do not have a house or cars that are late in any payments only unsecured debt.

Answer
You should be able to dismiss your chapter 13 case at any time.  Yes, your creditors will be notified that it was been dismissed (not withdrawn...there's no such thing as withdrawn).  I'm not sure what fees you're talking about, but the filing fee you paid is not refundable.  Whether your attorneys fees will be returned depends upon your agreement with your attorney, and local rules in your jurisdiction.