How to Avoid Having Your Bankruptcy Dismissed

April 6, 2013 - 01:59 by rmckinney

No matter which way you look at it, filing bankruptcy is a legal process. It involves following the requirements from the bankruptcy law as established by our legislature, and if the requirements are not met there are consequences. Many people may assume that if you make a mistake during your personal bankruptcy the court will give you a bit of leeway and help you fix it, but that is not always the case. There are mistakes that debtors can make that can lead to automatic dismissal of the bankruptcy case and in some rare cases even limit when the debtor can file again. Here are some ways to make sure that doesn’t happen to you:

1. Be honest

Declaring bankruptcy may be a sensitive subject for you, but no matter how worried you are don’t hide anything from your attorney or the court. You will need to be completely upfront with your attorney about your entire financial situation from day one. If you are worried about losing any of your property the way to keep it safe is not by hiding it from your attorney, but by being forthright so that your attorney can find a way to protect it. If at any time during your case the bankruptcy court believes you may have committed fraud they can dismiss your case, this is just one of the reasons honesty is vital.

2. Attend your hearing

Everyone who files bankruptcy is required to attend a court hearing known as the “meeting of creditors”. Although all of your creditors will be notified of the date and time of the hearing it is rare that any of them show up. You will receive sufficient notice of your hearing through the US mail and should make whatever plans necessary in order to attend. Your bankruptcy lawyer can prepare you with questions you may be asked at this hearing, but it is nothing to be intimidated of. The hearing will last anywhere from 8-15 minutes and will consist of questions regarding your case. If you miss this hearing the bankruptcy court could dismiss your case. If you think you will be unable to attend notify your attorney immediately to see if you can request a continuance from the court.

3. Follow directions

This may seem like a simple task, but it is one that can really save you a lot of headaches. Listen to your bankruptcy attorney and the bankruptcy judge very carefully and be sure to do whatever they say. If your bankruptcy attorney needs paperwork from you then make sure you get it to them in a timely manner. If the bankruptcy court needs you to take a required debtor education course before your hearing, make sure you do that so there will be no reason for the court to dismiss or continue your case to a later date.

By using these simple tools you can put your best foot forward and be confident that instead of having your bankruptcy dismissed, it will be completed and successful and you will be on your way to a debt free life.

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WP Solutions, Inc is a BBB Accredited Legal Information Service in Chicago, IL

Free Evaluation Form

Free Legal Evaluation

 
Why are you considering bankruptcy? (select all that apply):
Estimate Total Debt:
1 of 5 steps
 
What bills do you have?
Estimate Total Monthly Expenses:
2 of 5 steps
 
What types of assets do you own?
Do you own real estate?
If Yes, are you behind in these payments?
Do you own an automobile?
If Yes, are you behind in these payments?
Do you have any additional assets worth more than $100,000?
If Yes, please describe:
3 of 5 steps
 
What types of income do you have?
Estimate Total Monthly Income:
4 of 5 steps
 
Contact Information:
First Name* :
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Work Phone:
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