Law

How Your Bankruptcy Case in Charleston, WV Can Be Dismissed?

Dismissal of bankruptcy cases rarely happens, and if you have a bankruptcy attorney in Charleston, WV on your side through the process, you can expect minimal chances of dismissal. However, should a bankruptcy court dismiss your case, your debts will not be discharged. Also, a dismissal of a bankruptcy case can provide your creditors with the right to resume their collection efforts. You can avoid this outcome by ensuring you don’t make the following mistakes:

Not Submitting Correct or Complete Paperwork

If you file for bankruptcy, you must complete and submit certain forms, schedules, and petitions. Also, there are court and filing fees you must pay. Submitting incorrect paperwork or failing to pay the required fees can result in your bankruptcy case being dismissed. 

Failing to Give Accurate Financial Information

When you file for Chapter 7 bankruptcy, you should not hide information about your finances from the court. Also, you should not make false statements or destroy documents. Otherwise, the court may dismiss your Chapter 7 case. 

Transferring Assets Too Soon

Value assets such as expensive jewelry or a second vehicle may be sold to compensate your creditors. Because of this, you may consider transferring ownership of these assets to a member of your family or a friend. However, doing so within two years before you file bankruptcy can get your case dismissed. 

Not Taking a Credit Counseling Course Seriously

Before you file bankruptcy, you must complete a credit counseling course. This must be done within six months before your filing. Also, you must complete a debtor education class 60 days after the first meeting of creditors. You must get these classes online, in-person, or over the phone from court-approved financial management providers. Failure to meet such requirements can result in the dismissal of your case. 

Is It Possible to File for Bankruptcy Again After Dismissal?

Your ability to file for bankruptcy after your first case was dismissed depends on the reason for the dismissal. If the dismissal was due to a technicality such as not completing a required course or not submitting a certain form, you may still be allowed to file immediately. However, if the dismissal was based on fraud, you may need to wait for a while before you can file again. 

So, if you want to succeed in your bankruptcy filing, work with a skilled bankruptcy attorney. Your attorney will make each effort to make sure your debts are eliminated, so you can have a brighter financial future.

Related Articles

Leave a Reply

Back to top button