Bankruptcy can be a simple process that can help you manage your debt, but unfortunately, many people encounter complications when they file. Sometimes, these complications lead to the dismissal of the case and a person’s financial situation is worse than when they decided to file. In many cases, the complications could have been avoided had they worked with an experienced bankruptcy attorney.
How can you avoid your bankruptcy case being dismissed?
The first and most important thing you can do to avoid a bankruptcy case dismissal is to work with an experienced attorney. Bankruptcy attorneys understand the laws affecting your case and can help you accomplish everything you need to do when you file. An bankrutpcy attorney can also help you make important decisions, such as choosing the appropriate chapter of bankruptcy and protecting assets.
Overall, time is of the essence when you file for bankruptcy but you might feel pressure to file too quickly because of debt collectors breathing down your neck. In most cases, taking your time and filing bankruptcy properly is going to leave you better off than rushing into anything. There’s a lot of information you’ll need to submit to the bankruptcy court when you file and if you forget or misreport anything it can put your case in jeopardy. Your bankruptcy attorney can help you file properly and handle things efficiently without rushing so much that you make a mistake.
No matter how embarrassed you might feel about your financial situation, it’s important to be upfront with your bankruptcy attorney about your situation. Don’t worry – you aren’t the first person to experience financial struggles. Professional bankruptcy attorneys won’t judge you. Instead, they’ll use the information you give them to ensure your case is filed properly.
Perhaps the most common reason bankruptcy cases are dismissed is because the information submitted to the court is incomplete or inaccurate. You should never lie or try to outsmart the bankruptcy court or the trustee. Any assets or debts you have will be discovered eventually, no matter how hard you try to shield them from the court. The last thing you want to do is lie to the bankruptcy court in an attempt to protect an asset, only to have your case dismissed and lose the asset in the long run anyway.
It’s also important to not try to pull any “fast ones” on the court, such as running up credit card debt right before you file. The bankruptcy trustee will be reviewing all of your financial activity when you file for bankruptcy and if they spot any red flags it could jeopardize your case. To learn more about what trustees review, check out this information from AllLaw.com.
Honesty is truly the best policy when it comes to using bankruptcy to help you with your financial struggles.
If you file for chapter 13 bankruptcy you’ll be obligated to make payments for three to five years. If you miss any of these payments without making arrangements with the court to alter your repayment plan, your case can be dismissed. It is possible to adjust your repayment plan, so if you believe making a payment won’t be possible you should contact your attorney as soon as possible.
If you are ready to file for bankruptcy or you have concerns about your bankruptcy case being dismissed, we can help. Contact the Law Office of Robert M. Geller at 813-254-5696 for more information.
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