Bankruptcy is not a pleasant process and sometimes it can be dismissed before it ever reaches court. There is an important process when it comes to filing for bankruptcy that does help determine if your case is going to move forward or not. For those looking to file bankruptcy in Columbus, a great bankruptcy attorney in Columbus can help.
What is the Bankruptcy Process?
The first part of any bankruptcy is to file and to start the process. You are going to need to write out all your assets, all of your debts and more that your attorney will help with. You then need to appeal to the court to be able to file legally for bankruptcy. Now, the court can deny the bankruptcy if they see fit and they can stop the proceedings so that you cannot go forward and you cannot have your debts dismissed. There are a few different reasons why your bankruptcy might not be allowed.
Failure to Attend Credit Counseling
The first reason that it might be denied is that you have failed to attend the proper credit counseling. This is a required part of any filing and if you do not go to it or you do not prove that you have done it, your bankruptcy can be denied until you complete the counseling and prove that you have done it.
This is often a service that can be online and that your attorney can help you start and complete from your home. This is a vital part of the process as it is going to help you take a better account of the debt that you have, it will help you understand why you might be in debt, and it will also give you ideas and information about staying out of debt in the future after the bankruptcy has gone through.
Income Would Allow for A Different Filing or You Make Too Much
Another issue that might come to mind is if your debt and income is not suited for a chapter 7 bankruptcy. Your lawyer is going to be able to help you better understand what type of filing is going to work best for you, what type of filing you need to go with, and can also help you with your debt-to-income ratio.
You also need to keep in mind that you may make too much to file for bankruptcy. You might make $100,000 a year and have expenses that only total $20,000 per year, this would mean that unless you have a great deal of debt, you likely make too much to file. This is another important part of filing; your credit counseling will help you determine how much debt you have compared to how much income you make.
Another issue, a much more serious issue, is fraud. If your lawyer finds out that you are trying to defraud the credit card companies or you are trying to defraud the court, you will not only be denied your bankruptcy filing, but you may also have to face legal action. It is important that you are honest in all your paperwork, that you provide all the appropriate statements and information, and that you are entirely forthcoming with your filing.
Your lawyer is going to be able to accurately help you fill out your information and make sure that there is no fraud on your paperwork or in your filing so that it goes through and is accurate.
You Have Filed Too Soon
Yet another issue is that you may have filed too soon. You are only able to file for bankruptcy every eight years. If you have filed sooner than the last eight years, you are likely going to be denied the bankruptcy and you will then have to wait until enough time has passed for you to file again. You should be keeping track of the last time that you filed so that you can know when you are eligible to file again.
How Can a Lawyer Help?
A lawyer is a helpful part of any proceeding, and a bankruptcy is a legal proceeding. Your lawyer can help you make sure all your bankruptcy paperwork is filled out well, that is accurate and that there are no issues. They can also take care of the filing process for you, they can help you make sure you are using the right type of bankruptcy, and they are going to be able to answer any questions that you might have about your bankruptcy and the process that you are going to go through.
With the help of a lawyer you can get your bankruptcy off to a great start and you can make sure that every single part of your bankruptcy is above board and that is going to be legal and binding. The best bankruptcy lawyers are going to take the time to talk with you through the process so that you can make sure you get all your debt dismissed and make sure that you are going to have a clear slate after you get your bankruptcy has gone through and is complete. Bankruptcy is difficult, it can be hard to deal with but with the support of a good lawyer, you can get your bankruptcy filed and completed so that you can start building a better financial future for all.