The Difference Between a Bankruptcy Dismissal vs Discharge
When you are already worried about your bankruptcy case, the last thing you need is the confusion coming from a variety of legal terms. Your “top bankruptcy lawyers near me” search, therefore, makes a lot of sense, as a professional bankruptcy attorney San Diego can clear all misunderstandings, providing insight into everything you need to know about the case, and offering reliable legal representation.
Here is what you should know about bankruptcy dismissal and discharge before your first meeting with your lawyer.
Preparing for your first consultation
Starting your bankruptcy case the right way is very important, as it can benefit your filing and lead to the desired outcome. Knowing what information to provide your bankruptcy lawyer with, what to expect from your bankruptcy attorney, and how to appropriately prepare for consultation can make a great difference, so make sure you are well prepared before you move on with your case.
Ideally, after a lot of hard work your attorney and yourself put in, your bankruptcy case will end with a favorable outcome called bankruptcy discharge. This means that you will no longer be liable for any unpaid debts, which will stop your creditors from contacting or harassing you.
However, every debtor must know that not every type of debt can be discharged. Obligations such as specific tax claims, spousal alimony or child support, debts to certain governmental units, or any debt not included in the list of debts and creditors within the case filing time frame will not be discharged. You will still be held accountable for these, so make sure to discuss your options with your attorney after the case is closed.
Another way a bankruptcy case can end is called bankruptcy dismissal, and it means you will not be granted a discharge of debts. This can happen for a number of reasons, from personal rationale (you decided to dismiss your own case to pursue another bankruptcy plan, or because you were unable to keep up with your mandatory monthly payments under Chapter 13 bankruptcy) to court-related decisions.
The court will dismiss your case if you failed to comply with a specific court procedure, or you were found guilty of fraud. This puts you back on square one, allowing your creditors to come back and keep trying to collect the debt from you.
Can top bankruptcy lawyers near me help if my case gets dismissed?
Depending on the court ruling, you can either refile immediately, or you will be required to wait for 180 days before filing again, so if your bankruptcy case gets dismissed, make sure to talk about it with your attorney as soon as possible.
Bankruptcy case dismissal doesn’t necessarily means the end of the fight. You can change your approach, try filing for another bankruptcy plan, or decide on another course of action advised by your bankruptcy attorney. Either way, don’t try doing this alone. A reliable legal counsel can greatly increase your chances of getting your financial future back on track.
Who are the experienced, top bankruptcy lawyers near me?
Preparing and filing for bankruptcy, as well as waiting for the outcome can be a really nerve-wracking experience. However, it’s crucial to keep a cool head and stay open to all possibilities. Make sure you have a dependable, professional legal support along the way, as that can really make or break your bankruptcy case.
If you’re wondering: “Where can I find top bankruptcy lawyers near me?”, the offices of Chang & Diamond APC are the place you are looking for. We are here to offer professional advice, proven experience in the field, and a helping hand that will keep you safe. Reach out to us today, as with bankruptcy cases, every minute matters.