If I file Chapter 7 bankruptcy, how do I know my case won’t get thrown out?
I get this question a lot from my bankruptcy clients in Dallas, Cartersville, Rome, Dalton, Chatsworth and Calhoun, Georgia.
First of all, I am not going to file any case that I don’t believe will get my client their desired result. Second, there is no chapter 7 on earth that is worth risking trouble with the bankruptcy court. As a consequence, we are going to make sure every page of the petition is accurate. We are going to spend at least 2 hours going over every single page of the petition to make sure its perfect. When you tell me the truth and carefully review the bankruptcy petition, you are not going to have any problems.
Before we file your case, I will review all of your income for the last six months. In addition, I want to carefully review your monthly expenses with you to make sure that you qualify for Chapter 7 bankruptcy. Since accuracy is a must, we are never going to rush you.
If we find issues with your situation during the sign appointment, we are not going to file. For example, let’s say we are going over the list of all of your assets. After I explain to you that you must list every single piece of land that your name is listed on, you suddenly remember your grandmother’s farm. The farm is 50 acres of beautiful land that has been in your family for one hundred years. In addition, there is no debt on the property. You recall that she said she was going to put the farm in your name “in the event something happened to her.” In this situation we would never file the case because if we did, grandmother would lose her farm.
The key is finding all potential problems before you file. Going slow and taking time to explain your entire situation to your bankruptcy attorney is time well spent.