In reality, there are very few reasons why your bankruptcy case will be dismissed, because if you and your bankruptcy attorney do everything properly, and in accordance with the rules and laws, you will get the discharge you need.
If you decide to file for bankruptcy yourself, then here are the potential issues you need to be aware of.
Because we are experienced Minnesota bankruptcy attorneys, we know the rules, regulations, processes and pitfalls, so that you don’t have to.
Here are the most common reasons a bankruptcy case will be dismissed.
1. Bankruptcy Fraud
If you commit bankruptcy fraud.
This is the act of deliberately being dishonest about your financial situation, and could include hiding assets or falsifying documents.
2. Failing the means test
If you fail the Chapter 7 Bankruptcy Means Test
This could be because you have enough disposable income between the amount of money you having coming in monthly, and your outgoings, then your case will be dismissed.
However, your Chapter 7 Bankruptcy application could be converted to a Chapter 13 Bankruptcy which is a repayment plan.
3. Failing to complete the credit counseling course
If you fail to complete the credit counseling course before your bankruptcy, then your case will be dismissed.
This course can be completed online or over the phone, and you will be awarded a certificate of completion which must be filed with the court.
4. Failing to pay the court filing fees
If you don’t pay the bankruptcy court filing fees then your case will be dismissed.
If you are on a low income you may apply for a waiver of the fees, or you may be able to pay them in instalments.
Until you have written proof of this, you need to assume that you still need to pay the court filing fees in full.
5. Failing to complete or submit the relevant forms and documentation
If you don’t fill out the paperwork properly, or don’t submit them on time, then your bankruptcy case will be dismissed.
You will also be required to submit additional documentation, including your tax return, to the court.
6. Failing to attend your meeting of creditors
If you don’t attend the mandatory meeting of your creditors, the 341 meeting, either the Chapter 7 341 Meeting or the Chapter 13 341 Meeting then you risk having your bankruptcy case dismissed.
7. Failing to meet your Chapter 13 Bankruptcy repayments
If you don’t keep up the repayments on your Chapter 13 Bankruptcy for the duration of the 3-5 year plan, then the court could dismiss your case, leaving you liable for your debts again.
Conclusion
We’ve successfully handled over 40,000 Minnesota bankruptcy cases, and are confident that we can get you the financial freedom you need.
Why not see what our clients say about us?
If you’ve decided that you should file for bankruptcy, then why not leave it to our experienced Minnesota Bankruptcy Attorneys?
Fill out our Bankruptcy Evaluation Form or Contact Us all at 612.824.4357 today and tell us how we can help you.
