Filing Chapter 7 bankruptcy is not a simple or an easy process. It involves gathering and analyzing a large amount of financial and legal documentation. If every “T” isn’t crossed and every “i” dotted, it could have long standing implications, as well as, a dismissal of your bankruptcy petition where it would have otherwise been accepted. Because it is such an intricate process, there are many mistakes that people make when filing for this type of bankruptcy. In this article we’ll take a closer look at Chapter 7 Bankruptcy mistakes in the hopes that it will help you avoid them.
Chapter 7 Bankruptcy Mistakes
Failing to Complete Forms
As already mentioned, the paperwork for filing bankruptcy needs to be filled out meticulously. If you don’t fill out the petition, schedules, statement of financial affairs, and other forms correctly or completely, it could mean a dismissal of your bankruptcy case or worse. Jail time and heavy fines await anyone who knowingly provides false information when filing for bankruptcy. A qualified bankruptcy attorney in California can ensure that your filing packet is complete and filled out properly.
Not Taking Advantage of Exemptions
Exemptions are state statutes and bankruptcy laws that allow you to keep your property. Each state is different in terms of property exemption and in some states you can use between the state exemptions and the federal exemptions. A California bankruptcy lawyer will be able to navigate you through the exemptions so that you can retain the property that you wish to keep.
Failure to file credit counseling certificates
Everyone who files Chapter 7 bankruptcy must go through a court approved credit counseling course within 180 days before filing bankruptcy. This is mandated by Congress and is to ensure that the bankruptcy process actually helps and you don’t find yourself needing bankruptcy again after your debts are discharged. If you fail to file this certificate or if you take a course that isn’t approved by the courts, it can mean a dismissal of your petition.
Not Getting an Attorney
Here’s the big one: you need an attorney. In fact, if you are working with a qualified bankruptcy attorney, then all these mistakes are easily avoided as you’ll have an expert working with you to ensure that your bankruptcy process is a success and you don’t miss an opportunity for a second chance with your financial future.
Categorized in: Chapter 7