Most of the time, people automatically assume their bankruptcy application will be accepted by the court. When it’s denied, especially because choosing to file Chapter 7 or 13 is often a person’s last financial resort, learning the bad news can be a heartbreaking experience. Being denied a discharge means that creditors will still hound you for money and that you will likely face repossessions and foreclosures. While things may seem hopeless, there are some things that you can do if a judge has denied you.
Find out why you have been denied. Assuming you followed the process to filing for protection currently, filled in all the paperwork, and met all the deadlines, you should be asking why your application was turned down. The most common reasons for denial include failing to provide good financial records and being caught lying on your filing. If the reason that you were denied doesn’t match a reason in the Bankruptcy Code, you might have a case.
- It should be noted that the quickest way to avoid a denial of bankruptcy based on paperwork or deadlines is to hire an experienced bankruptcy lawyer who will guide you through the process.
Respond to the Denial Notice. You will be notified by mail if the judge denies your application for bankruptcy protection. If you don’t respond to that notice in a timely manner, the denial will be finalized.
- A skilled bankruptcy lawyer will draft an in-depth response on your behalf to give you the best chance at an appeal.
If the reasons outlined in the denial notice are not legitimate or you feel they don’t truly represent the reality of the situation, hire a lawyer right away to appeal the decision.
- It might seem counter-intuitive to pay a lawyer to fight for bankruptcy protection when finances are what got you into this mess to begin with. However, bankruptcy is the one thing that will clear your financial plate and get you on the road to stronger financial health. Don’t give up; fight back.
Don’t panic if your application for bankruptcy protection was denied. Instead, take action by contacting Joel R. Spivack Esq. Mr. Spivack has been skillfully guiding residents in South Jersey through debt negotiations and bankruptcy proceedings for over two decades. He will protect your family’s interests, as well. Don’t waste precious time being upset about your denial; call the Law Office of Joel R. Spivack today and get started on your appeal.