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Debt Destroy

Yes, Bankruptcy Can Be Denied.


debtor rights Rep Points:
Posted on May 25, 2009 at 12:06 pm
Unfortunately this is the case. For example, if you wish to file Chapter 7, the courts will first take a look at your income and match it up with the average income in your state for same size families. If your income is higher than that of the average of same size families in your state, you then have to pass a Means Test to even qualify for Chapter 7. So, in the end, if you have a fairly high income the chances are that you are denied for bankruptcy will increase. Or, you may not even make that much money. If for example, you live in a 2 person home in a state where the average income for a 2 person home is relatively low, that may also hurt your chances for qualifying.
Posted on May 25, 2009 at 6:26 pm
Well what about Chapter 13? Can you be denied for that as well or is it just Chapter 7?

Debt_Guru Rep Points:
moderator
Posted on May 25, 2009 at 11:49 pm
The term "denied bankruptcy" is different from you're suggesting debtor rights.  It has to do with situations where the court finds that a debtor was not honest in their filing - either by providing false providing false information about their financial condition, transferring assets before filing, or even destroying or concealing financial records. If this happens, your only options are to pay off the debts through debt settlement or credit counseling or on your own because the court will not allow you to file either Chapter 7 or Chapter 13.  You can submit a form to get help. 

Fkobe (Guest) Rep Points:
Posted on July 23, 2009 at 11:42 am
Ok so I understand that bankruptcy can be denied, but what can I do as an alternative if that happens to me?A on of credit card debt- that's what I am dealing with.

Steven Rep Points:
Posted on July 23, 2009 at 12:51 pm
Since bankruptcy can be denied it is always good to have a backup plan. For example, do you have any friends or family members who could help you out with a personal loan? Or do you have any assets of value that you could sell to generate funds?If not you may want to consider credit counseling or debt settlement. Most people who are truly on the verge of bankruptcy tend to turn to debt settlement since credit counseling requires the individual to stay current on all of their monthly payments. Most people who are on the verge of bankruptcy tend to have accounts in collections or at the very least are a few months behind on their payments.Feel free to fill out a form on DestroyDebt.Com for a free consultation if you need help getting pointed in the right direction.
Posted on August 10, 2009 at 3:47 pm
Bankruptcy can be denied? Great. So what are my options now if I don't like the idea of credit counseling or debt settlement?

Steven Rep Points:
Posted on August 17, 2009 at 12:56 pm
If your bankruptcy petition is denied and you don't like the sound of credit counseling or debt settlement you will be pressed to find further alternatives. I would say that you would have to look to get a personal loan from a friend or family member to get out of debt. Or, you may consider liquidating any assets you have to use the proceeds to pay off the debt. Was there something in particular that turned you off from counseling and settlement?

David_A Rep Points:
Posted on August 21, 2009 at 11:31 am
The correct term you guys are looking for is "dismissed" and yes a petition in bankruptcy can be dismissed and they often are.  Especially if you are filing pro se, because there are so many rules/procedures and deadlines that lay people are not capable of handling.  Also you case can be review and if you make too much $$ or have too much equity in real property you own those are other common grounds for a dismissal

Steven Rep Points:
Posted on August 21, 2009 at 11:40 am
Actually I believe bankruptcy can be "dismissed" if you are missing information in the forms submitted, and "denied" if you submit the wrong forms.

David_A Rep Points:
Posted on August 21, 2009 at 12:26 pm
Could be Steven, I'm actually studying bankruptcy law right now and the terms and definitions are very ambiguous.
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