Bankruptcy can be denied

After you file bankruptcy, it is possible for your case to be denied.  Here at the Utah Bankruptcy Guy we put together our list of the top three ways your bankruptcy can be denied:

  1. 1. You committed some type of fraud.  Meaning that you attempted to hide or falsify information. This could include not disclosing all of your property/assets, fraudulent transfers of money to outside sources before you filed and not disclosing the transfer, or providing false or untrue information on your bankruptcy paperwork. This situation could result in the court refusing to grant you a discharge for any of your debt.
  2. You took out a personal loan or accumulated other large amounts of consumer credit within the 90 days before filing your bankruptcy. Generally speaking, this situation might result in the denial of this specific debt from being discharged, but won’t necessarily impact the rest of your bankruptcy filing.
  3. You fail to complete your Financial Management post filing course on time.

This list may make the process of filing for bankruptcy sound rather intimidating. You might be asking “well, how will I know if I did one of those things?” The first step is to ensure that you don’t go through this process alone. Hiring an attorney is your best defense to being greeted by unpleasant surprises in court. An experienced attorney will know what questions to ask you in order to ascertain if you might be in one of these categories, and how to help you safely navigate your bankruptcy filing. They will inform you of deadlines long before it is too late to save your case. Of course some of the responsibility falls on you to disclose the information your attorney requires and meet the deadlines set by the court. Remember: you are paying your attorney to be by your side and represent you in court. They are here to help and even if you’re embarrassed by choices you’ve made in the past or have ideas that you think might help your case, be sure to communicate fully with your attorney. They know the law much better than you do and have your best interest in mind!

Even before you retain an attorney, you can get a head start by reviewing your bills and bank statements to evaluate if you have any large debts or loans that were accumulated in the last 90 days. Be sure to disclose this information when you visit with the attorney of your choice and you’ll already be well on your way to a successful filing of your bankruptcy case.

Need help filing? Call us for a consultation to see what is in your best interest. 801-221-9911.

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