CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

3 Reasons Why Bankruptcy Cases Get Dismissed and What This Means for You

Bankruptcy Case Dismissed Pasco, St Petersburg, And Tampa Florida.Bankruptcy Case Dismissed

There are two possible outcomes for those filing for bankruptcy. It doesn’t matter if you qualify for Chapter 7 or Chapter 13, the result of bankruptcy is either debt discharge or having your bankruptcy case dismissed. The former is the goal, the latter is a risk of things not working out as expected.

To achieve discharge and avoid having your case dismissed, you need to:

  • Submit completed and accurate information to the court
  • Attend the 341 Meeting of Creditors
  • Participate in bankruptcy education courses
  • Allow a trustee to liquidate your assets (if filing for Chapter 7)
  • Various other tasks
  • Complete repayment plan (if filing for Chapter 13)

Once all requirements are complete, the court discharges your remaining qualifying debt. Failing to meet any bankruptcy requirements can result in your case being dismissed.

What are the Reasons for Bankruptcy Dismissal?

1. You Filed Incomplete or Inaccurate Paperwork

Bankruptcy schedules and statements and all of the other paperwork is the majority of the work you’ll need to do to file. It’s also one of the most common reasons for case dismissal. If there are any mistakes or any forms are incomplete, the court can throw out your bankruptcy case.

Most people filing for bankruptcy have 14 days or less to complete their paperwork and turn it into the bankruptcy court. This might seem like enough time to handle paperwork, but the process can be confusing. You’ll need to submit information about your income, expenses, debts, assets, and more. To avoid making a mistake or missing a deadline with bankruptcy paperwork, it’s important to work with a bankruptcy attorney.

2. Missing the 341 Meeting of Creditors

The 341 Meeting is the part of bankruptcy that most people filing find most intimidating. But regardless of how much you don’t want to attend the meeting, you must or risk having your bankruptcy case dismissed. And in most cases, it’s going to be a lot better than you anticipate.

The primary purpose of the meeting is to confirm the information in your paperwork. There’s no reason to worry as long as you provide correct information. Working with a bankruptcy attorney also means someone will attend the meeting with you, so there’s no concern about what to say or whether you’ll be taken advantage of in the situation. Your lawyer will look out for you and ensure the meeting runs as smoothly as possible.

You can learn more about the 341 Meeting of Creditors here.

3. Not Meeting the Bankruptcy Education Requirements

Those who file for bankruptcy must meet certain education requirements or risk having their bankruptcy case dismissed. The first occurs just before you file and helps you decide if bankruptcy is right for you. The second is required to receive a discharge of your debts. It helps those who have filed learn to manage their money better and understand what they need to do once their bankruptcy is complete.

If you fail to meet these requirements, you won’t be eligible to file for bankruptcy or your case can be dismissed. Your bankruptcy attorney can help you find qualifying courses and take care of this obligation.

In addition to these three issues, there might be other reasons for dismissal. For example, in Chapter 13, reasons for dismissal include an unachievable repayment plan or a debtor failing to make payments. This is why it’s so important to understand your obligations and make sure you follow through with those obligations until you are officially discharged.

Dismissal means losing all of bankruptcy’s protection. Collections activities, including foreclosure, repossession, and lawsuits, can move forward. Depending on the reason for dismissal of the case there might be additional consequences, as well.

Working with an Attorney Helps You Avoid Having Your Bankruptcy Case Dismissed

The best thing you can do to avoid dismissal and achieve the debt discharge that will help you move forward with your life is to work with an attorney. This ensures you’ve covered all of your bases and reduced dismissal risk as much as possible.

For more information or to speak someone to discuss how filing for bankruptcy might help you, contact the bankruptcy Law Office of Robert M. Geller at 813-254-5696 to learn more.

Archive

Tampa Bankruptcy Law Blog

How Does Claiming Bankruptcy in Florida Affect Your Children?

Claiming Bankruptcy in Florida Understanding how claiming bankruptcy in Florida affects your children is an important part of determining whether...
Read More

Claiming Bankruptcy in Florida: What Happens When You File for Bankruptcy and Your Spouse Does Not?

Claiming Bankruptcy in Florida You already know how much the things you do affect your spouse when you are married....
Read More

Should You Pay Back What You Owe Loved Ones Before You File for Bankruptcy?

Florida Bankruptcy Laws It’s common for people who are struggling financially to turn to their friends and family for help....
Read More

Bankruptcy and Family Law: Does Filing Affect the Child Support I Pay or Receive?

Bankruptcy and Family Law If you’re like many people, the well-being of your children is your most important priority. Struggling...
Read More

5 Tips for Overcoming the Emotional Toll of Bankruptcy

Florida Bankruptcy Attorney Getting through the bankruptcy process is about more than just improving your finances. Working with a Florida...
Read More

Bankruptcy and Divorce: The Far-from-Perfect Storm

Bankruptcy and Family Law Bankruptcy and divorce separately are two of the most stressful events you can experience in your...
Read More

Does the Pandemic Have You in a Holding Pattern? Here’s How to Know When to File for COVID Bankruptcy

COVID Bankruptcy If you’re struggling to make ends meet and you feel as if your life is on hold because...
Read More

Will Your Favorite Retailer File for Business Bankruptcy in 2021?

Business Bankruptcy 2020 was a tumultuous year and many of the financial challenges caused by the pandemic are expected to...
Read More

Boosted and Extended Benefits Keeping Unemployed Afloat – But For How Long?

Unemployment Benefits Were you one of the millions of people who ended up out of a job and using unemployment...
Read More

Should Bankruptcy Laws Be Adjusted Because of COVID-19?

Bankruptcy Laws The COVID-19 pandemic brought a lot of changes throughout 2020 and many are expected to continue into 2021...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

NACBA Logo avvo1 avvo2 avvo3 LEA BBB Logo RG Seal

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions