Reasons for Dismissal of a Bankruptcy Case
When it comes to bankruptcy, it is often a daunting process for many as it involves hundreds of legal complications. At the same time, the process also brings on the table tons of paperwork that will require meticulous documenting. And even the slightest unwanted mistake can lead to dismissal of the case. This is the reason why it is crucial that you hire a Pittsburgh bankruptcy lawyer as they will be able to help you with this process. Unless you don’t know what mistakes can happen, you cannot know what you are doing. And that is why you need assistance from us.
Here, we are going to discuss the reasons that can lead to the dismissal of your case.Negative Effects of Chapter 7 or Chapter 13 Dismissal
Unlike criminal cases, having your case dismissed in bankruptcy is not good news unless you are opting for voluntary dismissal due to sudden changes in your financial situation.
For bankruptcy, the aim is to get the discharge for the case that will mean getting rid of the debts so that you can get a fresh start with your finances. The debts like huge medical bills, credit card bills and so on can be unsecured and dischargeable debts that are taking a toll on your finances. Filing for bankruptcy can help you get rid of these issues.
However, if your case gets dismissed, you are back to square one. Dismissal neither gets you relief from debts nor lets you stay protected with the automatic stay that can potentially stop all persuasion for debts. The automatic stay can work like a legal shield that can protect you from wage garnishment, car repossession, property liens, bank account levies, or sending debt collectors.
Now, as a debtor, if you get the case dismissed because of prejudice, you will be prohibited to file again before a substantial amount of time. Also, at the time of the second filing, you might not get a discharge on as many debts as you want like the first filing.
That is why you need to make sure that you hire a Pittsburgh bankruptcy lawyer so that the case doesn’t get dismissed.Common Reasons for the Dismissal of Your Bankruptcy Case
There can be numerous reasons leading to the dismissal of your bankruptcy case. Some of them can be because of unwanted mistakes and some can be because of fraudulent reasons.
Bankruptcy comes with a lot of paperwork. The debtor will require to document details like their income, expenses, credits and many more details. Now, if you deliberately leave things undocumented or fudge with the numbers, this can lead to not only dismissal of your case but criminal charges against you.
A debtor must get the certificate of a course on credit counseling before filing bankruptcy. The agency should be the department of justice approved. If you fail to provide the certificate before filing for bankruptcy, your case will get dismissed.
Also, the debtor must not forget about the fees as that can lead to dismissal too.
- $11 for document certified
- $310 for Chapter 13 petition
- $335 for Chapter 7 petition
You also need to make sure you are submitting all the schedules properly.
- Schedule A — Real Property
- Schedule B — Personal Property
- Schedule C — Property Claimed as Exempt
- Schedule D — Creditors Holding Secured Claims
- Schedule E — Creditors Holding Unsecured Priority Claims
- Schedule F — Creditors Holding Unsecured Nonpriority Claims
Apart from all of these, if you are not complying with the repayment plan, not qualifying the Means Test, or not attending your meeting with creditors or 341 meeting, your case can be dismissed.
To avoid such dismissal, hire a Pittsburgh bankruptcy lawyer or come to Pittsburgh Bankruptcy Law Group for further assistance.