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Do Bankruptcies Get Denied?

If you are considering filing for bankruptcy in San Diego, you may be wondering whether there is a chance your bankruptcy could be denied. There are many circumstances under which a U.S Bankruptcy Court in the Southern District of California will deny your bankruptcy. We will discuss some of the most common reasons bankruptcies are denied below.

  • Attempt to Defraud

When a debtor seeking bankruptcy intends to delay, hinder, or defraud a creditor, the bankruptcy will be denied. Attempting to defraud a creditor can include transferring, destroying, mutilating, removing, or concealing property within one year before filing for bankruptcy or after filing for bankruptcy. Defrauding a creditor typically occurs when someone tries to give property away or destroy evidence of their assets, so they do not have to preserve them from being sold to pay their debts. 

  • Lying

When you file for bankruptcy, every statement you make must be truthful. If you make a false statement on your bankruptcy petition, the courts can discharge your bankruptcy. In addition to your bankruptcy getting denied, you could face criminal charges for making a false statement under the penalty of perjury. The bankruptcy trustee or a creditor has the right to challenge the discharge of your debt if they discover that you made false statements.

  • Concealing Information

If you falsify, mutilate, destroy, or hide information about your financial situation, the bankruptcy court can deny your bankruptcy. Sometimes applicants tried to destroy records that could lead the bankruptcy trustee to discover a property you have not disclosed on your bankruptcy application. In other cases, an applicant cannot backup options about their finances that they have made in their bankruptcy schedules.

  • Refusal to Comply With a Court Order

When a debtor refuses to obey an order given by the bankruptcy court, the court may discharge their case. If you are unsure how to comply with a court order, the best thing you can do is discuss your case with a bankruptcy lawyer. Simply ignoring the order can be devastating for your bankruptcy petition.

  • Failure to Take The Required Course

If you fail to complete the instructional courses required by federal law, you run the risk of your bankruptcy being denied. Bankruptcy petitioners must take a credit counseling course before they begin their bankruptcy case. After their case is completed, they must take a financial management course before the bankruptcy court will discharge their debt. Failure to take one or both of these mandatory courses will result in the bankruptcy court denying your bankruptcy.

Discuss Your Case with a San Diego Bankruptcy Lawyer

There are several different ways a bankruptcy court can deny your case. All of these grounds for denial can be avoided when you work with an experienced San Diego bankruptcy lawyer. Contact Bankruptcy Law Center today to schedule your initial consultation with one of our skilled bankruptcy lawyers.

See What Our Clients Have To Say

Yelp Review

Roger C.

I reached out to BLC to help assist with a chapter 7 business bankruptcy and they provided excellent guidance, advice, and support through the entire process. In my case an adversarial action was filed by one of the creditors and attorney Ahren Tiller and his staff provided sound ...arguments which prevailed. Couldn’t have found a more experienced and supportive team to represent me in a tricky situation. I would highly recommend them to anyone making the difficult but sometime necessary decision to find financial relief. Read more
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Justin R.

Like many others before and during the pandemic, life happenings caused me to be in a financial situation to warrant bankruptcy. The BLC was super professional all the way through the entire process. Right after I paid for my Bankruptcy, I got sick and had to have surgery and recovery. Then we ...were in full Pandemic mode. They were gracious to delay my filing until I was recovered and ready to file. I could not ask for more. The process was over all quick and painless for a simple Bankruptcy like mine. I feel a weight has been lifted and I can rebuild. Thank you for all your arduous work and patience, Gabriel, Ahren, and their teams are knowledgeable and efficient. Read more
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Katey Huntley

Responsive, friendly, kind, extremely easy to work with! So knowledgeable and made this entire process painless. Very grateful!

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Lynn Molina

Gabriel Hanna, Esq and the staff at BLC helped me in a very difficult time. I appreciate all the help and care they gave my case.

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Linda Cramer

I can’t say enough of how much this bankruptcy law firm helped me with my financial situation. They were all so helpful, efficient and made the difficult time and process as quick and easy as possible. I would recommend them to anyone I know and am glad to give my public recommendation as well. T...hey truly deserve a five star plus rating. Read more
Yelp Review

Andrea N.

I am very happy with my experience with BLC. Bankruptcy is not something anyone wants to go through, however everyone at BLC made my experience pleasant and easy. The process was explained thoroughly and I had an easy time reaching out and connecting with my attorney. Anika Renaud-Kim was my attorney ...and she was nothing short of amazing! She was very patient and generous with her time. Ms. Renaud-Kim definitely made me feel at ease and comfortable through the entire process. Read more
Facebook Review

Lidia Paramore

they did a great job for me, helped me anytime I needed something, my Lawyer Gabriel Hanna is the best, gave lots of confidence all the time..thanks BLC I will.always recommend you, I’m very grateful for your service!!!

Yelp Review

Rachael C.

When searching for information I had called a few different firms and received consults. BLC was the only one who didn’t shy away and provided answers and information during the consult. Once I agreed to move forward, they were supportive, informative, and eased my anxiety through the whole process.... I can’t recommend them enough. Read more
Google Review

Emily Martinez

AmazingI had many questions and uncertainties and the carefully explained it all and made it easy to understand. They facilitated a fast and easy process making this scary difficult thing simple

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Legal Disclaimer: The Bankruptcy Law Center is a California Licensed law firm with attorneys licensed in the state of CA, NY. Attorney Ahren Tiller is responsible for this advertisement. Bankruptcy Law Center’s principal office is located at 1230 Columbia st. Suite 850 San Diego, CA 92101. Prior results listed on this site do not depict or in any way infer a prediction or outcome.We are a debt relief agency proudly providing options to people with financial problems. View our Privacy Policy

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