How to Prevent My Chapter 13 Bankruptcy Case From Being Unexpectedly Dismissed

At Liviakis Law Firm, we understand that filing for Chapter 13 bankruptcy can be a complex and stressful process. That’s why we’re here to guide you through each step, ensuring that you avoid any pitfalls that could lead to the unexpected dismissal of your case, particularly in the Eastern District of California. Here’s a comprehensive guide on how to prevent your Chapter 13 bankruptcy case from being unexpectedly dismissed.

Firstly, it’s crucial to understand that Chapter 13 bankruptcy is a reorganization of your debts, allowing you to make manageable monthly payments over a period of three to five years. However, to successfully navigate this process, there are several key elements to consider.

1. Accurate and Complete Paperwork

One of the primary reasons for case dismissal is incomplete or inaccurate filing of bankruptcy paperwork. The court requires a comprehensive list of your assets, liabilities, income, expenses, and a detailed outline of your proposed repayment plan. Any discrepancies or omissions can lead to the dismissal of your case.

2. Making Timely Payments

Once your repayment plan is approved, it’s crucial to make your monthly payments on time. Failure to do so can result in your case being dismissed. Therefore, it’s essential to ensure the repayment plan is realistic and within your budget.

3. Attending Mandatory Meetings

In a Chapter 13 bankruptcy case, you’re required to attend a Meeting of Creditors and any other mandatory court appearances. Non-attendance can lead to dismissal of your case. Therefore, make sure to attend all scheduled meetings and consult with your attorney if any scheduling conflicts arise.

4. Filing Taxes

Before your case can be confirmed, you must provide proof of filed federal and state income tax returns for the four years prior to your bankruptcy filing. Failure to do so can lead to dismissal of your case.

5. Obtain Credit Counseling

Under the Bankruptcy Code, individuals must receive credit counseling from a government-approved organization within 180 days before filing for bankruptcy. Make sure to complete this requirement to avoid any potential hiccups during your case.

6. Securing Legal Representation

Finally, securing knowledgeable legal representation can significantly increase your chances of a successful Chapter 13 bankruptcy filing. A lawyer can help you understand the intricacies of bankruptcy law, guide you through the paperwork, and represent you in court.

At Liviakis Law Firm, we’re committed to helping you navigate the complex process of Chapter 13 bankruptcy. If you’re in the Eastern District of California and need assistance with your bankruptcy case, don’t hesitate to contact us to schedule a consultation. Remember, bankruptcy is not the end, but a chance for a fresh start.