When faced with a lot of debt and the desire to start off with a clean slate, many consumers will decide to file for bankruptcy as a last resort. However, not everyone is eligible for bankruptcy and for some filers, their cases are dismissed, and their debts are not discharged. Although bankruptcy dismissals can happen with any type of bankruptcy, they are more common with Chapter 13 bankruptcy. The following are some possibilities as to why your bankruptcy case could be dismissed:
Not passing the means test
In order to qualify for a Chapter 7 bankruptcy, you must pass something that is known as a means test. A means test will look at different aspects of a filer’s financials, including their expenses, debt, and income. Some filers are not able to meet the requirements of a means test, and their bankruptcy case is dismissed as a result.
If you lie at all during your bankruptcy filing (for example, you don’t disclose information about certain assets you have because you want to avoid paying back a loan), your bankruptcy case could be dismissed if this misrepresentation is discovered. Additionally, misrepresentation on your bankruptcy application is also a federal crime, so you’ll want to make sure that all information you provide is completely accurate and that you don’t leave anything out.
Failing to show up to the required 341 meeting
In order for your bankruptcy to go through, you will be required to show up to a 341 meeting, which involves meeting with a court-appointed trustee. This meeting usually doesn’t take place for another 20-50 days after your initial filing, and some filers don’t want to bother attending. However, by failing to go to this meeting, your bankruptcy case can be dismissed.
Failure to pay court-filing fees
Bankruptcy isn’t free, unless you’re eligible for a waiver that exempts you from paying court fees. Otherwise, filers are required to pay these fees, which can be difficult for some consumers who are facing financial hardships to begin with. Alas, unless you do receive that waiver, failure to pay the required fees can result in dismissal.
Missing payments on a Chapter 13 bankruptcy
Because Chapter 13 bankruptcy focuses on paying back creditors, the case could get dismissed completely if the filer defaults on those payments.
Not taking a credit counseling course
Bankruptcy filers are required to take an approved credit counseling course before they can file, which can be done online or on the telephone. Without completing this course, filers usually won’t be eligible to proceed with their bankruptcy and the case could get dismissed.
You requested a dismissal
Some consumers realize after they’ve begun the process of filing that bankruptcy isn’t the solution for them. As such, they voluntarily ask for a dismissal. Even if you’ve already invested time and money into your bankruptcy case, sometimes canceling it can be your best bet, but it depends on your own unique situation. Either way, it’s an important decision that should be thought about carefully.
Are you in debt and need extra cash to catch up on bills? If you’re receiving structured settlement payments, explore your other options before filing for bankruptcy. By selling some or all of your future payments to Peachtree Financial Solutions, you can receive your money sooner and in one lump sum. Many of our customers have used their lump sum of cash to pay off debt, and we’d like to help you do the same. Contact Peachtree Financial Solutions today!
Nothing above is meant to provide financial or tax advice. You should meet with appropriate professionals for such services.