Utah bankruptcy cases are rarely dismissed. And if you work with an experienced bankruptcy attorney – like the professionals at the Law Office of Davis & Jones, the risk of dismissal is minimal.
That said, we can’t promise that the Utah courts won’t dismiss your case – and if that happens, your debts won’t be discharged. Furthermore, a bankruptcy dismissal gives your creditors the legal right to resume their actions to collect the money you owe.
To avoid that outcome, make sure you don’t do any of the following. These are the most common reasons Utah bankruptcy cases are dismissed.
Submitting Incorrect or Incomplete Paperwork
When you file for Chapter 7 bankruptcy in Utah – or in any other state, for that matter – you’re required to complete and submit specific forms, petitions and schedules to the courts. You must also pay the mandated court and filing fees. If your paperwork is incorrect in any way, or if you fail to pay the required fees, your bankruptcy case will almost certainly be dismissed.
Transferring Assets Before Filing for Bankruptcy
Valuable property of yours that isn’t exempt under Utah bankruptcy law – such as a second car or expensive jewelry – may be sold in order to compensate your creditors. You might be tempted to transfer ownership to a friend or family member, but if you do so within the 12-month period before filing for Chapter 7, the court may dismiss your bankruptcy case due to fraud.
Not Providing Accurate Financial Information
If you try to hide information about your financial situation from the Utah bankruptcy courts, you’re not doing yourself any favors. Honesty is the best policy, as making false statements, destroying documents or making any other attempt to conceal your assets is very likely to lead to your Chapter 7 case being dismissed.
Failing to Complete the Required Bankruptcy Courses
Within the six months prior to filing for Chapter 7 bankruptcy, you’ll need to complete a credit counseling course. And you have 60 days after the initial date of the meeting of creditors to complete a debtor education class. Both must be through a court-approved financial management provider, and the courses can be completed online, over the phone or in person. If you don’t meet these requirements, the Utah bankruptcy courts will dismiss your case.
Can You File Again if Your Bankruptcy Case is Dismissed?
If your Chapter 7 case was dismissed for a technicality, like forgetting to submit a certain form or failing to complete one of the required bankruptcy courses, you may be able to file again right away. For a dismissal based on fraud, the Utah courts may make you wait to refile – and you may not be able to get the debt relief you need for quite some time.
Don’t want your Utah bankruptcy case to be dismissed? The experienced legal professionals at The Law Office of Davis & Jones, P.C., will make every effort to ensure your debts are discharged. We’ve helped over 20,000 Utah residents achieve that goal, and we have the skill, knowledge and expertise to set you up for a brighter financial future.
Contact the Law Office of Davis & Jones in Salt Lake City and schedule a free consultation to discuss your Utah bankruptcy case today.