Bankruptcy Failure: Don't Let Your Case Get Thrown Out

When it comes to bankruptcy laws, it can be easy to make a mistake. Failing to follow the rules might have your chapter 7 bankruptcy case over before it begins. Read on to find out about three issues that filers commonly fall prey to during the bankruptcy process.

You Use Your Credit Cards With Abandon

You may be surprised at how easy it is to get on the wrong side of the bankruptcy court and your creditors. In the period of time leading up to your bankruptcy filing, the use of your credit cards is tightly controlled and might come under scrutiny. Without even realizing it, you could charge too much using your credit cards right before you file for bankruptcy. The rules apply to both charging items and to taking cash advances using your cards.

There is a limit on how much you can charge in total in the months leading up to your filing. You can still use your cards, as long as you do not exceed the limits. Additionally, the items you charge should not be considered luxury items. If you had no choice but to use your card to pay for a car repair or to replace a household appliance, the bankruptcy court may okay the charge. If not, you may be forced to repay the debt before your bankruptcy can proceed

You've Too Recently Filed for Bankruptcy

The bankruptcy code has no rules about how many times a person can file for bankruptcy, but there are rules about the frequency of filing. You can file for a chapter 7 bankruptcy once every eight years and not a second before. Your bankruptcy attorney will ask you about previous filings, but not all attorneys verify the information. You may not be entitled to fee refund from your attorney or the federal bankruptcy court once it is discovered that you have filed too soon. If you filed previously but had your case dismissed (or thrown out), you only need to wait 180 days (about two months) before you file again.

Your Income is Too High

The rules about income and filing for bankruptcy have only been around for a few years, so if you have filed in the past, you may need to pay attention to this new rule. A re-do of the bankruptcy code was thought to be in order so that the filings could be reduced. Now, if your income exceeds your state's median income, you may not be allowed to proceed with your bankruptcy. The bankruptcy courts refer to the income provision as the means test.

To learn more about any of the issues above, speak with your bankruptcy lawyer.

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