In the state of south Dakota, if a person files for bankruptcy, whether it be a Chapter 7,11 or 13 bankruptcy, there are times where the bankruptcy isn’t awarded which means your discharge of debts is denied. When you lose a discharge, you’re still liable for your debt and responsible for paying back what you owe. While the purpose of bankruptcy is to give a debtor a “fresh start” by allowing them to receive some relief in having to pay back some or all of their debt, there are reasons why they might lose this opportunity.
If you are worried that your bankruptcy case might be denied or you aren’t sure of the requirements you are supposed to fulfill, let one of our recommended South Dakota bankruptcy attorneys help you. They specialize in this field so they understand the ins and outs of what it takes to get a bankruptcy request approved.
Why Would My Bankruptcy Case be Denied?
There are a few reasons that would give a bankruptcy court reason to deny you your bankruptcy request. Some reasons include:
- You neglected to file certain information.
- You attempted to defraud the bankruptcy court.
- You concealed information that would have affected the outcome of your case.
- You lied on your application.
- You are unable to explain your loss of assets.
- You didn’t complete the instructional course.
Sometimes, when a person or even a couple elects to file for bankruptcy, one of the requirements is that they complete an informational course. If you fail to do so, this could affect the court’s decision to approve your application.
Because bankruptcy cases can become confusing and complex, it is always a good idea to have a professional working on your side to increase your chances of having your request granted. Someone who is seeking bankruptcy is obviously struggling with their finances so you don’t want to lose out on an opportunity that could help you alleviate all or some of the outstanding debt that you owe but can’t pay back.
Whether you are in the initial stages of filing for bankruptcy or received a denial notice, it is advisable that you get your free consultation scheduled with one of our bankruptcy lawyers right here in South Dakota. They can assist you through the process and even appeal the court’s decision. All you have to do is give us a call and we will take care of connecting you with an attorney.
What Happens if There is a Dispute in my Bankruptcy Case?
Now, while some bankruptcy cases are dismissed, which means your debt was not discharged, there is a chance that a dispute could arise. Some reasons why disputes arise in bankruptcy cases which could lead to litigation include:
- Who owns certain property.
- How it should be used.
- What the property is worth.
- How much is owed on a debt.
- Whether the debtor should be discharged from certain debts.
- How much money should be paid to lawyers, auctioneers, or other professionals.
This information was provided by the United States Bankruptcy Court District of South Dakota and highlights reasons that often lead to disputes in a bankruptcy case.
The last thing anyone wants who is attempting to clear their financial record is to have their application denied. Bankruptcy is a major step and if you feel it is the best decision, you want to know you have met all the requirements to avoid losing out on this opportunity.
So, if you are seeking legal aid from a highly experienced SD bankruptcy lawyer, we can help you find one and get you paired up immediately.