Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

3 reasons why your bankruptcy claim could be denied

On Behalf of | Jun 21, 2022 | Bankruptcy

If you are choking in debt and are not sure of a way out, you strongly need to consider declaring bankruptcy. Done right, bankruptcy can bring immeasurable relief and help you reset your finances.

However, to realize the benefits of bankruptcy, it is important that you avoid pitfalls that might lead to your claim’s denial. Here are three common reasons why bankruptcy claims are denied.

When you provide misleading information

Filing bankruptcy involves submitting a considerable amount of paperwork to the bankruptcy court. These documents outline your current financial situation so the court can review and determine your suitability for bankruptcy. If it is established that you provided misleading or fraudulent information, your petition will be declined. The importance of being forthright while filing for bankruptcy can never be overstated.

When you fail to comply with the court’s directive

While claiming bankruptcy, the court will require you to comply with a specific set of rules. These may include signing up for a financial literacy course as well as credit counseling programs. In fact, the U.S bankruptcy code made these two instructional courses mandatory. Failure to honor these directives can result in your claim’s refusal.

When your repayment plan is unrealistic

When you opt for Chapter 13 bankruptcy, you acknowledge that you will be working with the court and a trustee to come up with a repayment plan for your debt. Depending on the debt in question, the payment plan may last anywhere from three to five years. However, if the court believes your plan is not feasible, then your claim could be denied.

The decision to declare bankruptcy is a huge one. Proper preparation while avoiding costly mistakes can help you go through the process with confidence so you can have a fresh start on your financial future.