About the Author:. Diane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since she has been a dedicated advocate for her clients and spokesperson for Arizona citizens.
Diane is a retired professor of law teaching bankruptcy for more than 20 years. As a teacher she believes in offering everyone, not just her clients, advice about the Arizona bankruptcy laws. She is also a mentor to hundreds of Arizona attorneys. Everything on this web site is available for educational purposes only, is not intended to provide legal advice nor create an attorney client relationship between you, me, or the author of any article.
You may pick up some information about bankruptcy, foreclosure or the practice of law written by myself or others. Any information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state.
But if you fail to attend your meeting of creditors, the trustee will likely ask the court to dismiss your bankruptcy case.
Find articles on the Meeting of Creditors in Bankruptcy. In Chapter 13 bankruptcy , you can keep all of your property but this isn't a freebie—you'll have to pay for the nonexempt portion , but you must pay back some or all of your debts through a Chapter 13 repayment plan.
Chapter 13 plans typically last three to five years, and the court will enter your discharge upon successful completion of all plan payments. If you stop making your Chapter 13 plan payments, the court will typically dismiss your bankruptcy. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Here are the most common reasons that the court dismisses bankruptcy cases. What Is a Dismissal in Bankruptcy? A bankruptcy dismissal closes your bankruptcy case, and if it occurs before you receive a discharge, it will mean that: you've lost the protection of the automatic stay the order that prohibits creditors from collecting debts , and you'll continue to be liable for your debts.
Reasons the Court Might Dismiss Your Bankruptcy Bankruptcy cases get dismissed for a variety of reasons ranging from intentional misconduct such as fraud to simply failing to file the correct forms with the court. Committing Bankruptcy Fraud When you complete your bankruptcy papers, you must tell the truth and accurately disclose all of your income, assets, liabilities, and other required financial information.
Failing the Means Test Your disposable income must be low enough to pass the means test before you qualify for a discharge. Not Completing the Mandatory Education Courses Bankruptcy law requires all debtors to complete a credit counseling course before filing a case and a debt management course before receiving a discharge. Paying the Court Filing Fees If you want to file for bankruptcy, you must pay a filing fee to the court for the administration of your case. Not Filing Required Forms and Supporting Documents Filing for bankruptcy requires disclosing all of your financial affairs to the court.
Not Attending Your Meeting of Creditors When you file for bankruptcy, you must attend a mandatory hearing called the meeting of creditors. Failing to Make Your Chapter 13 Plan Payments In Chapter 13 bankruptcy , you can keep all of your property but this isn't a freebie—you'll have to pay for the nonexempt portion , but you must pay back some or all of your debts through a Chapter 13 repayment plan.
Talk to a Bankruptcy Lawyer Need professional help? Start here. Practice Area Please select The Central District has a particular interest in this issue because it has more pro se filers than any other district in the country. The study found that approximately Filers without attorneys are more successful with Chapter 7 cases because in many ways, they're simpler.
There's no payment plan to negotiate; you either meet the means test or you don't. There are also legitimate strategic reasons to leave Chapter 13 before the payments are completed. Chapter 13 debtors file for any number of reasons. Many file Chapter 13 to take advantage of the automatic stay , which halts collection actions, without any intention of actually completing a case.
Common reasons to file with no intention of completing the payment plan include:. Not all of the debtors in those cases would necessarily benefit from completing a payment plan and receiving a Chapter 13 discharge. What they needed was time, and filing Chapter 13 provided it. United States Courts. Accessed Sept. Actively scan device characteristics for identification. Use precise geolocation data. Select personalised content. Create a personalised content profile. Measure ad performance.
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