Cases are rarely dismissed unless a rather significant error is made. To avoid dismissal a filer must simply fill out all forms correctly, comply fully with the cases trustee, attend all required meetings and provide all requested documents.
Denver Bankruptcy FAQ:
Bankruptcy Appeals
Appealing Bankruptcy Court Rulings
It is quite common for the issue that leads to case dismissal to be a simple one to avoid. The filer often gets confused by the steps they are encountering for the first time and either misses one or does not complete them all fully. Individuals can file appeals on their own but without the support of a lawyer a filer may make further mistakes and have their case again dismissed and then closed.
It is a common believe that appealing the decisions of a judge is futile, but in the case of bankruptcy court if an appeal is filed and the filer corrects the issue that led to the original dismissal, the case will usually be reconsidered.
Individuals must appeal or ask for reconsideration of a dismissal within 10 days in most cases. If the case is reconsidered, forms must be double checked and an honest attempt must be made by the filer to correct all issues that resulted in the initial dismissal.
Missing steps such as a creditor’s meeting or credit counseling accounts for many bankruptcy case dismissals. Other cases are dismissed following discovery of undeclared property, allegations of wrongdoing on the debtor’s behalf, and incomplete forms.
Yes. It is rare for a bankruptcy filing to be denied, but when a bankruptcy case is dismissed the decision can be appealed and often overturned. If an appeal is attempted, the facts of the bankruptcy application need to be reexamined and in most cases an appeal is made successful by through the help of an experience bankruptcy attorney.
