When you file for bankruptcy, you will want to take great care to ensure that you do not do anything that would give the court cause to dismiss your case. The court has the liberty to do this under a variety of circumstances, generally circumstances regarding misconduct. Typically, bankruptcies are dismissed for a variety of cases from intentional misconduct to simply failing to correct forms with the court.
If you commit bankruptcy fraud in any capacity, you can expect that your case will be dismissed. This is because you are required to tell the truth and accurately disclose all of your income, assets, and liabilities on your bankruptcy schedule. If you fail to do this, then it can result in the loss of your discharge. It can also cost you more money than you ever intended if you have to pay criminal fines, and some blatant forms of bankruptcy dismissal can result in incarceration.
If you lie on your papers or commit fraud, the court trustee will normally deny your discharge and dismiss your case right away. You will then be reported to the authorities for further investigation. One great way to avoid bankruptcy fraud is to hire a reliable bankruptcy attorney. This lawyer will then be able to review all your schedules and correct any incorrect information. Also, a bankruptcy can be dismissed if you fail the means test.
To qualify for a Chapter 7 bankruptcy, you must have a disposable income that is lower than a certain limit. If your income is below the state median you will automatically qualify, but it if is above the state median then the means test will use national and local living expense standards to determine whether or not your qualify. If you fail the means test, then the court may opt to change your bankruptcy to a Chapter 13.
If you do not complete mandatory credit counseling prior to bankruptcy, then your case may be dismissed for this reason. Normally, this course is easy and can be completed online or over the phone. When you complete the course, you will receive a certificate of completion which needs to be filed with the court. If you file for bankruptcy before you have this certificate, then there is a chance that your case will be dismissed right away.
It is also essential that you pay all court filing fees. A bankruptcy attorney can keep you accountable to this requirement. You may be able to waive some of your court fees depending on your expendable income. You will want to discuss this with your attorney and determine the best path for you.
As well, you will need to make sure that you file all required forms or submit all supporting documents when the court needs them. Avoiding or forgetting to do this will result in a bankruptcy dismissal. An attorney can also help you to make sure that all required forms and documents are filed with the court on the appropriate due dates. This is why it is essential to have a local bankruptcy attorney on your side.
Without one, you risk the possibility of making mistakes that will result in a bankruptcy dismissal. Throughout the process you will have to continue to submit documents such as tax returns, paystubs, and other documents which verify the information in your papers. You will want to make sure that you have someone who can ensure that you are in compliance with all required rules.
Also, if you fail to attend your meeting of creditors then the court has the right to dismiss your bankruptcy case. In some situations, your trustees will do this automatically if you don't show up. Hire a bankruptcy attorney near you to help you avoid making mistakes that could lead to a dismissal in your case today!