How to Reduce the Odds a Bankruptcy Petition Will Be Rejected

The biggest concern that many bankruptcy petitioners have is that the court will reject their cases. A bankruptcy law attorney can never guarantee that a judge will accept your petition. However, there are a few things you and your lawyer can do to improve the odds of acceptance.

Collect and Prepare Supporting Documents

It's wise to have at least your most recent three months' worth of pay stubs and two years' worth of tax returns available. A bankruptcy law attorney will use these documents to show the court what your current income is. The pay stubs are especially important if you've experienced a recent drop in income. Unemployment paperwork can serve the same role if someone lost their job.

Similarly, it's a good idea to copy all of your supporting documents. Make sure to at least have enough copies for your lawyer and the court. Store the originals in a safe place.

Itemize Your Assets

Even if you only have a handful of assets, such as a car and your clothes, write down what you own. This is particularly important if there's a chance you might file for Chapter 7 bankruptcy because that process involves the liquidation of many non-essential assets. When in doubt, include an item just to be on the safe side.

Identify the Type of Bankruptcy

One of the most common reasons a court will reject a case is because it has determined that the petitioner filed the wrong type. It's not uncommon for ineligible folks to seek Chapter 7 when they have too much income. Likewise, people without enough money to do Chapter 13 sometimes pursue restructuring. In both instances, the judge will reject the case and encourage the petitioner to refile under the appropriate title.

Also, it's important to confirm that you're eligible to file either type. The court may determine that it's within a person's means to simply pay or make payment arrangements without bankruptcy.

Filers are automatically eligible to file Chapter 7 if they make less than their state's median income. Those who make more may still apply, but they'll have to undergo a means test. Similarly, anyone asking for restructuring under Chapter 13 will have to show that they have sufficient income to complete a repayment plan at a reduced debt load.

Review the Basic Information

You'll also want to make sure the basic information on the petition is right. Double-check spellings, addresses, and Social Security numbers. Make sure to list all of the correct and official names of your creditors too.

Talk to a bankruptcy law attorney for more information.


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