Filing for bankruptcy is an important event, and one that you need to get right the first time. There are a number of mistakes you need to avoid when filing a Chapter 7 bankruptcy in New Jersey. Our local Chapter 7 bankruptcy attorneys know what to do, what to avoid, and how you can make the best of this decision.
A person in New Jersey may be prevented from filing a Chapter 7 bankruptcy if they are unable to complete and prepare an accurate bankruptcy petition disclosing all their assets, debts, income, expenses, and truthful answers to the other questions in the bankruptcy petition. You may also be unable to file if you are unable to pay the filing fee or fail to complete pre-filing credit counseling. A person who does not provide the necessary documents and information may be able to file the bankruptcy petition but unable to successfully complete the case.
A Chapter bankruptcy 7 filing may be dismissed by the court if the client fails to meet the initial requirements of the Bankruptcy Code. That includes filing all the required schedules and petition documents in a complete and timely fashion and completing the required pre-filing credit counseling certificate. A case may also be dismissed if the client fails to appear at the required creditor’s meeting or provide information to the trustee after the bankruptcy case is filed.
One of the most common mistakes people make when filing for a Chapter 7 bankruptcy is failing to retain an experienced attorney by proceeding on their own; or choosing an attorney who is less experienced or may be the cheapest alternative. Choosing experienced counsel is the best way to ensure a successful result and that you fully understand your rights and options before you file the proceedings.
Another big mistake is by failing to be fully prepared with documents and information prior to the bankruptcy filing. The bankruptcy requires a complete and accurate disclosure of all their financial concerns, and these questions can be easily addressed prior to any bankruptcy filing by reviewing them with an attorney.
The third most common mistake is failing to prepare for the process after a case is filed. That includes the requirements to appear and give a short testimony at a creditor’s meeting or complete the required debtor education course.
An experienced bankruptcy attorney who has the clients’ best interests in mind can easily avoid all the common mistakes that people make by simply applying their knowledge and experience to the individual client. Regardless of the vast experience the attorney has, each client is always different. Some might need a different level of support or preparation despite having similar financial circumstances as another. The attorney can provide complete information well in advance of any bankruptcy filing to ensure a successful result.
An attorney can help your case prior to any bankruptcy filing by understanding all the required information and reviewing your documents. In a Chapter 7 bankruptcy case we can typically anticipate all the issues that may arise and act by requesting information in advance, preparing you to complete the necessary pre-filing credit counseling course and the post-filing financial management course, as well as preparing you for an appearance at the creditor’s meeting. Call one of our New Jersey offices and learn more about how we help you avoid mistakes when filing a Chapter 7 bankruptcy.
Gillman Capone Law Group
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