What should I do if my bankruptcy file keeps getting dismissed?

I have tried to file for bankruptcy a few times. Every time I do, I get denied. What are my other options?
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Answered By: Law Office of Asaph Abrams
Google me and "repeat filing" on relevant considerations. Dismissals are not arbitrary. Defects must be corrected; it's not a matter of just playing the odds. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.

Answer Applies to: California
Replied: 1/3/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mazyar Hedayat and Associates
Without knowing why your cases keep getting dismissed there is no way to advise you as to how you can avoid the problem in the future. As for alternatives to bankruptcy, there is debt settlement and negotiation to start. And if you have few, or no, assets, plus a low income and several dependents, then even if judgments are taken against you a citation or wage garnishment should be of little effect. Illinois has strict limits on what can be garnished from income, and Judges tend to be sympathetic to debtors who are genuinely trying to turn their situation around. Of course your best option by far is to speak with an Attorney in your area about options that specifically fit your situation.

Answer Applies to: Illinois
Replied: 1/2/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
Your option is to stop filing pro se, which is a waste of filing fees and usually a disaster and pay a lawyer to do it right.

Answer Applies to: Georgia
Replied: 12/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Guardian Law Group PLLC
There must be reasons why it is being dismissed. Seek counsel from an attorney that can determine what is the problem and fix it.

Answer Applies to: Utah
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Margaret D. Wilson
The bankruptcy court is really good at telling people why they don't qualify for bankruptcy. If you are being represented by an attorney and he cannot explain it to you then you should hire someone who can. Either way you should consult a bankruptcy attorney.

Answer Applies to: California
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Joseph A. Mannis
One great option would be to do it through an attorney so it is done correctly and does not get dismissed. They're not dismissing it because they don't like you - something is dreadfully wrong with the paperwork you're filing.

Answer Applies to: California
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
See a competent lawyer. If you have 3 filings within a year you will lose the benefit of the automatic stay. This why filing your own case can be a disaster.

Answer Applies to: California
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bird & VanDyke, Inc.
You do not indicate whaqt chapter of bankruptcy you have filed. If you dont already have an attorney it may be time to discuss your situation with one. You are obviously doing something wrong. You may not have the income to do a proper chapter 13 plan.

Answer Applies to: California
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dan Wilson Bankruptcy
From your e-mail it sounds as though you are trying to do this without a lawyer. That is very difficult to do. Bankruptcy is one of the most technical areas of law. In my district about 15-20% of cases are filed pro se. many of them are dismissed. Please consult a BK lawyer.

Answer Applies to: Colorado
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Diefer Law Group, P.C.
I am not sure if you have consulted with an attorney. The case is getting dismissed because it has problems and if you are fling on your own you might just not know how to fix the problems. If that is the case, I strongly recommend you hire an attorney. It is impossible for me to guess what is wrong with your case without actually reviewing what you have been filing. But an attorney should be able to review the file and see where you went wrong.

Answer Applies to: California
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Nielsen & Senior
The question is why does your bankruptcy keep getting dismissed? Is it a Chapter 13 where you can't make the plan payments? Is it because you aren't filing the right paperwork? If you have a competent bankruptcy attorney, he or she should be able to explain why your case keeps getting dismissed. If you're trying to do it yourself, the fact that it keeps getting dismissed is a sign you need to get an attorney to help you through this very complicated procedure.

Answer Applies to: Utah
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: AyerHoffman, LLP
If you have been filing your bankruptcy petitions yourself, you should retain a bankruptcy attorney to handle future filings. Bankruptcy is a complex area of law. There are many opportunities for error and the Bankruptcy Court is unforgiving when it comes to following the rules. If you have an attorney who has been filing for you, discuss the reasons for the dismissals with your attorney in detail. Find out what you need to do to comply or to qualify for the bankruptcy discharge. If your attorney cannot explain the problem, seek other counsel for your bankruptcy and to discuss whether your existing attorney has committed malpractice.

Answer Applies to: Massachusetts
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Jakob-Barnes Law Firm, LLC
If you have been representing yourself, you need to hire an attorney. There are many reason why a bankruptcy gets dismissed. For a Chapter 13 to work, you have to be paying your monthly plan payment.

Answer Applies to: Georgia
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Lakelaw - Loop Bankruptcy
Sorry - not enough information to answer this question. Why does your bankruptcy case get dismissed? You now may be considered to be a "serial filer" who is abusing the bankruptcy system. That's not good. You need a good bankruptcy lawyer.

Answer Applies to: Illinois
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Rosenberg & Press
Have you considered actually hiring an attorney who knows what they are doing, to file your bankruptcy. You are not a lawyer. If my car needs a new transmission, I can keep trying to fix it myself, but my car will not start. Mechanics fix cars, lawyers file bankruptcies. And for a final thought, if you do hire a lawyer, make sure its an experienced bankruptcy lawyer and not just some dabbler. Thanks for tuning in.

Answer Applies to: Connecticut
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Carballo Law Offices
How about hiring a lawyer to do it right. If you had a lawyer and your case was dismissed, then how about getting a lawyer that knows what he or she is doing. A lawyer should be able to know before filing if your case is going to be dismissed and not file the case if it is going to be dismissed.

Answer Applies to: California
Replied: 12/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: J.M. Cook, P.A.
You must be filing Chapter 13. For many people, Chapter 13 is not a practical option. You should investigate filing Chapter 7 with your atty.

Answer Applies to: North Carolina
Replied: 12/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Deborah Ann Stencel
You should consult an attorney. The answer to your questions depends on what Chapter you have filed and why the case was dismissed by the judge. Most bankruptcy attorneys will offer a free consultation. It is possible you are not filing proper paperwork or you have filed for the wrong chapter or a dozen other reasons why your case was dismissed. Bankruptcy may still be an option for you, it depends on your situation.

Answer Applies to: Wisconsin
Replied: 12/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Shaye Larkin
I think you should enlist the help of an attorney to ensure your bankruptcy filing is a success, or can at least advise you of whether you meet the necessary eligibility requirements before you even file the case. The substantive and procedural rules that apply in bankruptcy cases are complicated and most cases are better handled by an experienced bankruptcy attorney.

Answer Applies to: California
Replied: 12/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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