Common Reasons Chapter 7 Bankruptcy Cases are Denied
Filing for Chapter 7 bankruptcy can be a great way to clear your financial slate and start fresh. Unfortunately, simply submitting your petition and asking the court to discharge your debt is not a guarantee that you will be successful with your case. Below, our Orlando Chapter 7 bankruptcy lawyer outlines the most common reasons the courts deny these cases.
You may be eligible for Chapter 7 bankruptcy but if you do not file your case properly, a judge will likely dismiss your case. There are many different ways Chapter 7 can be improperly filed, including:
- Not applying as an individual and expecting debts to be discharged,
- Omitting documents or making mistakes on documents when filing, or
- Filing within 180 days of having a bankruptcy petition dismissed due to a failure to appear in court or comply with court orders.
Filing for Chapter 7 Too Soon
Under federal law, if your debts were discharged in a Chapter 7 bankruptcy you must wait eight years before filing again. If your debts were discharged in a Chapter 13 bankruptcy, you must wait six years before filing again. If you try to file sooner than this, your petition will likely be denied.
Failing the Means Test
When filing Chapter 7 bankruptcy, you have to pass the means test. This means you must prove that you do not have the means to repay your debt. The means test can be complicated and it is divided into two parts. If you do not pass the means test, your case will be denied. Before filing, you should always speak to a lawyer who can advise on whether to file Chapter 7 or Chapter 13.
Failing to Pay Court Fees
While people file bankruptcy because they carry too much debt, the process is not free. You will have to pay filing fees, administrative fees, and surcharges. Sometimes these fees can be waived or paid in installments but when that is not the case and you still do not pay, it will result in your case being dismissed.
Deception and Fraud
You may not intend to be deceptive or engage in fraud when filing for bankruptcy, or you may be tempted to skew the numbers slightly. It is of the utmost importance that you are completely honest about all of your financial matters when filing for bankruptcy. Even if you make an honest mistake, the court may still view it as fraud. This can seriously hurt your case and will result in it being dismissed.
Our Chapter 7 Bankruptcy Lawyer in Orlando Can Give You the Best Chance of a Positive Outcome
If you are thinking of filing bankruptcy, you need sound legal advice to make sure you have the best chance of a successful outcome. At Anderson & Ferrin, P.A., our Orlando Chapter 7 bankruptcy lawyer can ensure no mistakes are made so you have the best chance of getting your debt discharged. Call us now at 407-412-67041 or contact us online to request a free consultation and to get the information you need.