Financial struggles and the prospect of filing for bankruptcy are scary enough without having to worry about whether your case will be denied. Unfortunately, bankruptcy cases are dismissed more than you might realize. Even the smallest mistake filing your case can result in dismissal. This is why it is so important to work with an experienced lawyer who understands the filing process and can help you along the way.
• Unqualified for a discharge: Many things can disqualify you for a discharge, including mistakes in your paperwork or mistakenly filing as a business when you are an individual. An experienced bankruptcy attorney can help you ensure your paperwork is completed correctly.
• Filing too soon after a previous bankruptcy: Federal law permits multiple bankruptcy filings, but several years must pass before a person is eligible. If you file too soon your case will be denied.
• Abusive action: Judges consider whether or not a person is filing for bankruptcy in good faith. If it seems as if you are abusing the system or that you could afford to pay your debts, your case might be denied. Sometimes if a Chapter 7 bankruptcy is denied, you are eligible to re-file for Chapter 13, which is a debt restructuring and repayment plan.
Filing for bankruptcy is a complex process and doing it without the assistance of an attorney puts you at risk for a variety of problems. Even more problematic is the fact that having an initial request denied can affect your eligibility for future requests, so you should not assume you will try it on your own and hire an attorney if the first request is denied. Keep in mind a judge is never required to grant a discharge, no matter the circumstances.
Furthermore, it is important you follow up, attend all court dates and meetings with creditors, and provide the appropriate information when requested – all of which an attorney can assist you in doing. Not to mention it helps to have a professional by your side when you are dealing with bankruptcy issues.
If you would like to learn more about bankruptcy or you are concerned your bankruptcy request could be denied, we can help. Contact the Law Offices of Robert M. Geller at 813.254.5696 to schedule a free consultation to discuss your case.
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