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Asked 412 days ago by a user from Philadelphia, PA
Can someone withdraw from a chapter 7 bankruptcy once having initiated the bankruptcy petition? Is filing for malpractice an option when an elderly person, with a language barrier, is misinformed & misguided into entering this petition and further tricked into signing a form allowing this lawyer to withdraw from the case by stating irreconcilable differences due to miscommunications resulting from this language barrier.
Yes, you can file a motion to voluntarily withdraw a bankruptcy petition under F.R.Civ.P. 41. However, the creditors would have to agree to it. You should have a plan and renegotiate the debt with any creditors prior to withdrawing the petition to avoid further problems down the road.
You can consult a professional malpractice attorney, but you might also want to contact the ethics board of the state bar association if you believe there has been unethical behavior.