How a Bankruptcy Attorney Can Help Prevent Case Dismissal

If you’re struggling to make monthly debt payments, you’re not alone. Especially after the impacts the coronavirus pandemic made on the U.S. economy, thousands of American households are finding their finances catastrophically impacted. Despite all the changes the pandemic forced on our country, there is still an option that has always been there for those who cannot repay their debts: bankruptcy. While bankruptcy is sometimes cast in an unfavorable light, it’s actually a process that has helped many debtors regain long-term financial stability. However, the process of filing a bankruptcy petition can be complicated, and the handling of debt in any given case is nuanced. Because of this, the help of a bankruptcy attorney can be key to filing a successful case. At Behm Law Group Ltd., we offer comprehensive legal services, including protection and guidance for those looking for an expert bankruptcy attorney in St. Peter, MN, and the surrounding area.

Filing for any type of bankruptcy comes with a set of requirements and thorough examination of the filer’s financial records. This includes detailed paperwork and documentation of debts, income sources, and properties. It also includes a set of pre-bankruptcy requirements that almost every filer must satisfy before his or her petition is even set into motion. The guidance and support of a bankruptcy attorney can help prevent many common reasons that could cause the dismissal of your bankruptcy case.

The help of a bankruptcy attorney can prevent case dismissal due to:

  1. Failure to attend credit counseling: Every filer is required to attend a credit counseling session within 180 days before the filing of his or her bankruptcy petition. A bankruptcy attorney can help you find a court-approved credit counseling agency so you can attend the 60- to 90-minute session at your convenience.
  2. Intentional or unintentional fraud: If you’re planning on committing bankruptcy fraud, forget about any credible attorney helping you in that effort. Filers attempting intentional fraud will likely have their cases denied and could even be criminally prosecuted. However, there are occasions in which a filer is well intentioned, but because of mistakes on his or her petition paperwork, there is no actual fraud committed.  A bankruptcy attorney will, for the most part, put your paperwork together for you, ensuring accuracy and helping to prevent mistakes that might lead to your case being dismissed.
  3. Ineligibility for Chapter 7 bankruptcy: Because Chapter 7 bankruptcy is reserved for those with an income below the state median income for a similar household, there are many filers that won’t qualify for that chapter. While a bankruptcy attorney can’t make you qualify for chapter 7 bankruptcy if you do not pass the Means Test, the attorney can help you organize your paperwork, review your monthly income and expenses, and help you file a Chapter 13 bankruptcy case in which a reasonable three to five year repayment plan is proposed.

Both Chapter 13 and Chapter 7 bankruptcies are nuanced processes that can vary greatly from case to case. Take advantage of the skill and protection that a bankruptcy attorney in St. Peter, MN, and the local area can provide you, and contact Behm Law Group Ltd. at (507) 387-7200 or today.