As a Miami bankruptcy attorney firm, we know how important it is for those seeking bankruptcy to get the relief that this safety net offers. The goal is to get a discharge or a restructuring of your debt, not to mention the immediate relief of the automatic stay. It would be terribly cruel, then, to have that relief snatched away because your bankruptcy case was denied.
Wait, can it actually be denied? Yes, it can. If you don’t follow the law or the rules governing bankruptcy in your area, your chance of finding a respite from your debts could be at stake.
Keep reading if you want to learn what can keep you from the benefits of bankruptcy.
Fraud
Obviously, if you need the debt relief that bankruptcy offers, you shouldn’t break the law. In fact, a denial will be the least of your trouble if you commit fraud and get caught. You could be subject to criminal prosecution, which can result in fines and even incarceration. To top it all off, when you get out of prison, you will still be in debt.
Make sure that all the information you provide when filing for bankruptcy is accurate before submitting it.
The Means Test
You don’t necessarily have to commit a crime to have your case dismissed. If you file for Chapter 7, you will have to take the means test to see if you qualify. If you fail the means test, the court might dismiss your case. But failing the means test does not deny you protection outright. With the help of a Miami bankruptcy attorney, you can try to find relief under Chapter 13 bankruptcy.
Not Taking the Mandatory Courses
Filing for bankruptcy comes with some strings attached. By filing for relief, you agree to take certain educational courses on credit counseling and debtor education. Once you complete these courses, you must submit the certificates that you receive to the court. If you do not submit these certificates signifying that you successfully completed the mandatory course, your bankruptcy case could be denied.
Court Filing Fees
When you file for bankruptcy, you will have to pay a filing fee to get your case accepted. In some cases—for instance, if you file for Chapter 7 and you have very little or no income—you could be granted a filing fee waiver if you apply for one. Without a waiver, you must submit the payment to the court or risk having your case thrown out.
Why You Need a Miami Bankruptcy Attorney
The law is complicated. In addition to all of the above, you will be required to correctly file specific forms and supporting documents to prove your case. A Miami bankruptcy attorney who is experienced and understands the process will help you get your relief without making any mistakes.
If you want to explore your options for debt relief, our doors are open. Contact us today to set up a meeting.