Why Your Bankruptcy Case Might be Dismissed

Being in debt and having payments you can’t make is one of the most stressful things a person can go through. When you add filing bankruptcy on your own and trying to learn the ins and outs of the process, you might just reach your limit. Bankruptcy can go smoothly if you are working with a professional bankruptcy attorney. On your own, you may or may not know that when you file bankruptcy there are forms and deadlines that must be met and done correctly. If you fail to meet a deadline, your case could end up being dismissed. I would encourage you to do some research so that you know the process and we can work together to make sure it goes smoothly.

Reasons for Dismissal

When you file your case with the court, they will be operating on the assumption that you are being honest and forthright in what information you provide to them. If you are anything less than honest, there is a strong possibility that it could lead to your case being dismissed.

One of the first steps in filing bankruptcy is taking a credit counseling course. This is not only a good idea, but it also happens to be a requirement, as you will have to provide a certificate of proof that you have completed the course. If you don’t take the course or don’t pay the court fees, your case will be dismissed.

After we file your bankruptcy case, you will need to attend a 341 Meeting. This is a meeting with you and the court trustee where your case and all the supporting documents will be reviewed. If you fail to appear at the meeting or do not have supporting documents with you, your case could be dismissed or continued at a later date. If you are filing a Chapter 7, the court trustee will be expecting you to have passed the Means Test. If you haven’t, your case could be dismissed or you may be given the option to convert to a Chapter 13. The court trustee is responsible for looking for any signs of bankruptcy fraud. If you try to hide assets by omitting your income, property, or debt, or transfer anything into another person’s name in an attempt to keep the property, that is considered fraud. Fraud is also falsifying documents or attempting to bribe the court trustee. Any attempt to commit fraud will not only result in your case being dismissed, but could end up with criminal charges against you as well.
If you are filing a Chapter 13, you will have to make sure you keep up with your payments that the court has assigned. If you fail to keep up with the payments, the court will dismiss your case and you will be left on your own to get current on you payments or give up your property.

Here to Guide You

Don’t let your bankruptcy experience be a negative one. I am here to help walk you through the process and will make it as stress free as possible.