What Disqualifies Someone from Filing a Chapter 7 Bankruptcy?

Posted on : October 7, 2019
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The most common disqualification from filing a Chapter 7 bankruptcy in Florida is failing the means test. If you don’t pass the means test, this usually indicates that you have the ability to pay back your debt over time and do not need any debt to be discharged. However, there are other reasons someone might not be able to file a Chapter 7. Here’s what you need to know. 

Previously Filed Bankruptcy 

Having filed for bankruptcy before does not automatically disqualify you from filing again. However, there are some stipulations and not all individuals will be able to file. 

You cannot file a Chapter 7 bankruptcy if you: 

  • Filed a Chapter 7 bankruptcy and were granted a discharge within the past eight years. 
  • Filed a Chapter 13 bankruptcy and were granted a discharge within the past six years (some exceptions apply) 
  • Filed a Chapter 7 bankruptcy and a discharge waiver was approved by a bankruptcy court 

Falsified Information 

It’s extremely important to provide accurate, truthful information to the court and the bankruptcy trustee appointed to your case. If you provide inaccurate or false information, you may be accused of doing so on purpose, which can affect your ability to file. 

You cannot file a Chapter 7 bankruptcy if you: 

  • Have falsified, destroyed, or concealed financial records or have transferred, concealed, or destroyed property in an attempt to defraud creditors 
  • Have falsified information in your bankruptcy claim 
  • Have withheld information from the bankruptcy trustee 

Uncooperation 

To successfully file any kind of bankruptcy, you must cooperate with court officials and obey court orders. Failing to answer questions or refusing to comply with orders could jeopardize your bankruptcy case. 

You may not be able to file a Chapter 7 bankruptcy if you: 

  • Are unable to adequately account for missing assets 
  • Do not cooperate with court officials and answer questions relating to your financial condition or fail to obey court orders related to the bankruptcy 

Need to File a Chapter 7 Bankruptcy in Florida? Call an Attorney Now 

If you’re considering filing for a Chapter 7 bankruptcy, don’t be tempted by the multitude of DIY offers in every corner of the internet. Your best chance of success comes from working with an experienced bankruptcy lawyer from the start of your case. Your attorney can help you determine if you’re eligible to file and if so, what steps to take. 

Contact Caplan Bankruptcy and Family Law Firm today for more information or to schedule your initial consultation by calling (407) 543-1801.