Monmouth County Chapter 7 Bankruptcy Attorney's Tips for a Successful Discharge

Chapter 7 bankruptcy promises a fresh start for people struggling with unmanageable debt. Whether you experienced financial hardship, a major life-altering event, or simply had to learn some difficult financial lessons, bankruptcy is a powerful economic tool that can help you get back on a secure financial footing. However, bankruptcy is also a complex legal process with a lot of barriers to success. Your case can be dismissed if you miss just one form or fail to meet a simple requirement. Chapter 7 bankruptcy cases get denied every day for simple mistakes or misunderstandings. At Veitengruber Law, we have helped hundreds of clients successfully file Chapter 7 bankruptcy and receive a discharge of some or all of their debts. We understand how to secure a discharge and what steps you need to take to ensure success.
Here are some things we have learned in over a decade as a bankruptcy firm:
1. First Time Right
There are many reasons your initial filing could be dismissed or denied in court. The most common reasons are filing as a corporation, business, or entity OR mistakes or omissions in your filing documents. Only individuals can file for Chapter 7 bankruptcy and receive a discharge of debts.
Your case can also be dismissed if you fail to file the required documents, make any mistakes in the paperwork, or omit documentation. The court will dismiss your case even if you accidentally fail to file your documents correctly. Be thorough as you review the filing instructions and double-check your paperwork to determine it is accurate the first time you file.
2. Pay Attention to Filing Limits
There are several limitations on the timeline of when you can file for bankruptcy. If you have previously had debts discharged in a Chapter 7 bankruptcy, you have to wait eight years before filing to have your debts discharged again. You must also wait six years before filing after a Chapter 13 discharge. If a previous bankruptcy filing was dismissed or withdrawn, you will also have to wait 180 days before filing for Chapter 7 again. Filing within these time limits will automatically result in the dismissal of your case. Pay attention to these important dates to ensure you are filing within the correct time frame.
3. Take the Means Test
To qualify for discharge under Chapter 7 bankruptcy, you need to pass the means test for your state. The means test proves to the court that you do not have the financial means to pay back your debts. The means test is in two parts. First, you must determine if your gross household income for the six months preceding your filing falls below the median income for your state. If it does, you pass the means test and can proceed with your Chapter 7 bankruptcy. If not, you can proceed to step two.
Step two calculates your household income, assets, expenses, and debts to determine the feasibility of you paying back your debts. This calculation is complex and involves a lot of moving parts, like what expenses are exempt due to being a necessity. The best way to determine if you truly pass the means test is to work with an experienced attorney who understands the rules.
If you do not pass the means test and are therefore not eligible for Chapter 7, you are still eligible to file for Chapter 13 bankruptcy.
4. Pay Court Fees On Time
Filing for bankruptcy is not free. The fee for filing a Chapter 7 petition includes a $245 filing fee, a $78 administrative fee, and a $15 trustee fee. All fees must be paid to the court clerk upon filing your petition. You can check with your local court to determine what kind of payment plans they have if you cannot pay the full amount up front. You could also qualify for a fee waiver under specific circumstances. If you cannot pay upfront or make your payments on time, your case will not go forward.
5. Be Honest
When you file for bankruptcy, your entire financial life is laid bare for the court to see. It can be embarrassing and stressful to be so transparent with your finances. The urge to fudge the numbers can be understandable, but honesty is the best way to secure the discharge you need. The court will be thorough in its investigation of your finances and will not take any attempts at dishonesty or fraud lightly. Not only can your case get dismissed, but you can also potentially face criminal charges or fines.
Be honest, and do not attempt to hide your assets or outsmart the court. Divulge all requested financial information, including all assets and income, disclose any previous bankruptcy cases, and stick to the truth. Fraud is a surefire way to have your case denied and your discharge withheld.
6. Attend Credit Counseling
Within 180 days prior to filing for Chapter 7, you must complete an approved credit counseling course and then file a certificate of completion with the court. After the court has heard your case, you will also need to complete a debt management course. Your debts cannot be discharged without completing this course, and the court must receive a copy of your certificate of completion. Both of these courses will require a fee, which must be paid in order for your bankruptcy case to proceed.
7. Hire a Bankruptcy Attorney
Filing for bankruptcy is difficult. The laws surrounding bankruptcy can be complicated and overwhelming for the average consumer. Many folks who try to file alone find their case dismissed or denied due to honest mistakes or from taking misguided risks in the filing process. The vast majority of folks who experience a successful Chapter 7 discharge have one thing in common: a good bankruptcy attorney.
Working with an experienced bankruptcy attorney like Veitengruber Law is one of the best ways to ensure your case goes smoothly. An attorney can ensure that you file correctly and on time and that you continue to meet all other requirements for a successful discharge. An attorney can guide you through the process, help you protect important assets from debt collectors, and assist you in finding relief from financial responsibilities that have become an unmanageable burden.
The highest chance any individual has for a successful bankruptcy is with the advice of an experienced and reliable attorney. While some individuals may try to avoid the cost of hiring an attorney, those folks often waste time and money attempting to file on their own and only have to hire an attorney anyway when their case is dismissed, or their discharge is denied. When you work with an attorney, you stand the best chance of achieving the most beneficial outcome for you and your future.
Nearly 99% of Chapter 7 bankruptcy cases result in the discharge of some or all debt—but a significant number of people who file for Chapter 7 never make it to that point because their case is dismissed. Veitengruber Law can work with you to file a successful Chapter 7 so you can receive the full benefits of a discharge. Reach out to us today for a consultation!


