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Can a Bankruptcy Discharge Be Denied?

Filing for bankruptcy does not automatically mean that your request will be granted. The bankruptcy judge can dismiss or reject the case for a number of reasons. Sometimes, bankruptcy petitions are rejected simply because the petitioner didn't provide the requested documents, such as tax returns. Or, the debtor may have failed to file recent tax returns. Under relatively recent bankruptcy reforms, debtors filing for bankruptcy must have filed their tax returns for at least the four years prior to filing the bankruptcy petition.

Another reason why a bankruptcy case may be rejected is if the debtor fails to pass the means test. This is a requirement for filing for Chapter 7 bankruptcy. Failing to pass the means test simply means that the debtor makes too much money to qualify. If the debtor files for Chapter 13 bankruptcy, the case may be dismissed if the court determines the proposed repayment plan is not feasible.

By working with a bankruptcy attorney at Cutler & Associates, Ltd., you can reduce the chances that your bankruptcy petition will be dismissed or denied. Call (847) 961-4572 today to set up a meeting at our law offices in Schaumburg or Skokie.

Categories: Bankruptcy

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