It is very unusual for a Chapter 7 bankruptcy filing to be rejected or denied, but it nevertheless does happen. Most denials or rejections are due to the lack of attention to details in the filing process or errors made on the preparation of the petitions. In other cases, fraud may be the reason for the denial.
The most important step you should take in ensuring a successful filing of your Chapter 7 bankruptcy is to hire an experienced Stockton bankruptcy attorney to handle the process and file it from the very beginning.
Top Reasons for Denial of Chapter 7 Bankruptcy Case
Although the top reasons for a denial of a Chapter 7 bankruptcy case are errors and lack off attention to details, there are other reasons that could be factored into the denial. A debtor may be considered ineligible for bankruptcy in any of the following circumstances:
- The debtor failed to attend credit counseling
- Their income, expenses, and debt would allow for a Chapter 13 filing
- The debtor attempted to defraud creditors or the bankruptcy court
- A previous debt was discharged within the past eight years under Chapter 7
- A previous debt was discharged within the past six years under Chapter 13
How to Avoid Denial of a Chapter 7 Bankruptcy Case
In order to avoid these pitfalls and avoid a rejection or denial of your Chapter 7 bankruptcy case, your Stockton bankruptcy attorney should take the following steps:
- Be prepared to ask you detailed questions regarding your assets, transactions, and finances in order to prepare an appropriate bankruptcy petition
- Request that you provide them accurate and detailed information to list on your bankruptcy petition
- Advise you to be transparent and avoid hiding any information from anyone involved in the case, which could cost you’re the ability to recover the benefits of bankruptcy
Characteristics of a Good Bankruptcy Attorney
The bottom line is that you as soon as you make the decision that your only option out of a financial setback is file for bankruptcy, you need to hire a good lawyer. During your hiring process, you should look for the following signs to make sure you hire the beset Stockton bankruptcy attorney:
- Experience and specialty in bankruptcy
- Track record in getting results
- Personalized service
- Accessibility to communicate with clients
Call an Experienced Stockton Bankruptcy Attorney
If you are considering Chapter 7 bankruptcy, it is in your best interest to consult with an experienced bankruptcy attorney to help you learn your legal rights and options, especially with respect to Chapter 7 bankruptcy.
For more information or to schedule a complimentary consultation with Central Valley bankruptcy attorney Gurjit Srai, please call 209-323-5558, or complete our online form.