Though many bankruptcy petitions are approved and lead to successful debt resolution, some are dismissed, leaving the filer without financial relief. Fortunately, an attorney can help you ensure that your bankruptcy is not subject to dismissal.
Reasons for Dismissal
Reasons a bankruptcy petition can be dismissed include:
- Failure to file correct paperwork and pay fees. This is an administrative matter, and filers may be able to correct any issues and resubmit their petition.
- Falsifying or failing to list assets and debts. The court must have an accurate picture of your financial situation before it will grant your bankruptcy petition.
- Failure to comply with the terms of the bankruptcy process. Before bankruptcy will be granted, you must complete credit counseling and go to a Section 341 meeting with your creditors. If you do not
complete these steps, your bankruptcy will be denied.
- Missing Chapter 13 payments. A Chapter 13 payment plan must be followed exactly, and failure to do so may result in a dismissal.
- Voluntary dismissal. Occasionally, debtors decide that bankruptcy isn’t right for them, realize that state exemptions will not cover their property, or have a change in their financial situation. Regardless of the cause, filers are perfectly within their rights to stop the bankruptcy process.
- Filing too soon after a previous bankruptcy. You must wait a certain amount of time between bankruptcy filings in order to avoid dismissal.
How a Lawyer Can Help
An experienced bankruptcy attorney can help you avoid dismissal. First, an attorney can assist you with filling out the necessary paperwork correctly and in a timely manner and with listing all your assets and debts on the required schedule. An attorney can also argue for a payment plan that is easy for you to follow. With an attorney’s help, you can make sure that bankruptcy is right for you, so you don’t have to ask for a dismissal later.
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.