Bankruptcy Basics

3 Things That Can Derail Your Chapter 7 Bankruptcy Case

Posted by Craig Black | Dec 26, 2024 | 0 Comments

Filing for Chapter 7 bankruptcy is a big decision. But once you've made the decision, you'll likely be ready to get started. As you complete the paperwork and meet with your trustee, you'll start to realize just how important it is to follow the rules to the letter. Otherwise, you could find your bankruptcy case dismissed before your debt can be fully discharged.

At the Craig Black Law Firm, we know how daunting the bankruptcy process can be. That's why we're here to help. We've compiled three major things you should avoid doing after you've filed the paperwork. But when you're ready to file, I'm here to answer any questions you have. When you call me at 678-888-1778 or complete this contact form, I'll speak to you personally, walking you through the process and providing personalized help.

Conceal Assets or Income

When you file for Chapter 7 bankruptcy, you'll be asked to list all of your assets and income. Trustees don't just go by the list debtors provide, though. They also pull public records and perform online asset searches. Failing to list even one asset can be seen as fraud and can lead to the following:

  • Seizure of the omitted assets
  • Revocation of your debt discharge
  • Dismissal of your case
  • Inability to include those assets in future bankruptcy filings
  • Criminal charges for bankruptcy fraud

Accumulate New Debt

Your bankruptcy resets your finances, letting you escape from piles of debt. Once you've filed, the courts will issue an automatic stay forbidding your creditors from trying to collect on what you owe.

However, the automatic stay does not apply to any debt you accumulate after filing. Worse, that debt can signal to creditors and the court that you aren't acting in good faith. Your creditors could petition the court to deny your request to discharge the debt. In the end, the court could dismiss your case without discharging any of your debt.

Failing to Respond to Communications

An important part of Chapter 7 bankruptcy is documentation. The court needs a full accounting of your debts and assets in order to process your case. You may be asked to provide additional information in the weeks to follow, and failure to respond to those requests in a timely manner could derail your bankruptcy case.

Within a couple of months of filing, you'll be invited to attend a 341 Meeting of the Creditors. While your creditors aren't required to attend, you are. If you miss the hearing, your case could be dismissed. If you're filing for bankruptcy with your spouse, you'll both need to be present to protect your bankruptcy filing.

How I Can Help

The work doesn't end once you've filed for Chapter 7. The Craig Black Law Firm can ensure you remain compliant until your debt is fully discharged. Give me a call at 678-888-1778 or fill out this confidential contact form, and I'll be in touch.

About the Author

Craig Black

I had never thought much about bankruptcy law, but after graduating from law school, I moved to Chicago. My first job as an attorney was with a law firm that specialized in bankruptcy. Within a few years, I went from being the youngest attorney in the firm to a managing attorney. During my time t...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment