There are many reasons why a bankruptcy case would be dismissed. With the help of an experienced San Antonio bankruptcy attorney, you can avoid making the majority of these mistakes so that you have a clearer path to debt relief. A Chapter 13 or Chapter 7 bankruptcy attorney can assist you in thoroughly preparing for every aspect of your bankruptcy case. Individuals filing for bankruptcy often face the following problems, but many of these issues are completely preventable.
This is a huge problem! When you file for bankruptcy, there is a whole slew of paperwork that is required to prove your eligibility. If you make one simple mistake, your case may be thrown out. A bankruptcy lawyer can help you to fill out all of the appropriate papers based on the nature of your case.
Failing the Means Test
Although you may not be able to control the results of the means test, failing the test does not mean that you cannot file for bankruptcy. If you work with an experienced Chapter 13 bankruptcy attorney, he or she can asses the situation of your finances to determine whether you qualify for Chapter 7 or Chapter 13 before the means test is even conducted. If you are not eligible for Chapter 7 bankruptcy, a Chapter 13 bankruptcy attorney can assist you in filing for reorganization and lower monthly payments under Chapter 13.
Missing the Creditor Meeting
In many states, failure to attend your creditor meeting can result in a case being dismissed. Although meeting with your creditors may sound intimidating and unappealing, the actual meeting is relatively quick and painless in most cases. With the support of your lawyer, you must answer questions under oath to clarify the state of your finances. Often, creditors won’t even show up.
Failure to Disclose Assets
If you attempt to mislead your creditors and the court in any way and it is discovered, your entire case will be dismissed immediately. Fraud of this sort might include concealing assets or withholding tax information. In the event that someone suspects you of defrauding the court, they can challenge your bankruptcy case. In order to avoid this type of dismissal, be completely honest with your San Antonio bankruptcy attorney about the state of your finances and assets.