Individuals struggling with debt may look to bankruptcy protection to get a fresh start, but it is important to avoid making mistakes when filing for Chapter 7 or Chapter 13 bankruptcy. There are a number of reasons a bankruptcy case may be dismissed.
Bankruptcy Case Dismissal
It is very important to not only carefully prepare for your bankruptcy case, but to fulfill all requirements. The court can dismiss your bankruptcy case with or without prejudice. A case may dismissed without prejudice for reasons such as not paying a court fee, not preparing for or attending the meeting of creditors, or not filling out all the required forms. Fortunately, if a case is dismissed without prejudice, an individual or couple may immediately refile, but it will result in additional expense and wasted time. It is recommended that you work with an experienced bankruptcy attorney to ensure the best outcome.
Bankruptcy Case Dismissed With Prejudice
If a case is dismissed with prejudice, it may indicate the judge believes that a filer has committed bankruptcy fraud by hiding assets, omitting information, disobeying court orders, or just using the bankruptcy process to delay creditor actions. If a case is dismissed with prejudice, an order may be issued to prevent the filer form filing for bankruptcy for a specified period of time or forever be barred from filing for relief for debt included in the dismissed case. It is very important to be forthright when reporting assets, resisting the temptation to hide assets or otherwise game the process. Hiding assets can result in not only a dismissal of the case with prejudice, but may also result in criminal charges.
Contact an Experienced Bankruptcy Lawyer for Help
If you have questions regarding bankruptcy as a strategy to tackle a difficult financial situation contact Charles E Covey to schedule a free consultation today.