How to Prevent Bankruptcy Dismissal

Steps to keep your case on track

Most dismissals are preventable. Here are the most important things you can do to protect your case.

File all required documents on time

• Tax returns -- File your most recent tax return before the 341 meeting. Provide a copy to the trustee
• Pay stubs -- Provide 60 days of pay stubs to the trustee
• Credit counseling certificate -- Must be filed with the petition
• Financial management course -- Must be completed before discharge

Attend all required meetings and hearings

The 341 meeting of creditors is mandatory. If you cannot attend on the scheduled date, notify your attorney immediately to request a continuance. Do not simply fail to appear.

In Chapter 13: make every payment

The single most common reason for Chapter 13 dismissal is missed payments. Set up automatic payments if possible. If you cannot make a payment, contact your attorney immediately -- a plan modification may be possible before the trustee moves to dismiss.

Respond to trustee requests promptly

If the trustee requests additional documents or information, respond quickly. Ignoring trustee requests signals non-cooperation and can result in a motion to dismiss.

Keep your attorney informed

If your income changes, you receive an inheritance, or your circumstances change in any significant way, tell your attorney immediately. Many issues can be addressed proactively if caught early.