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Can The Trustee Stop Me From Filing A Bankruptcy Case?

If you are behind on the majority of your bills, you might be thinking about filing for bankruptcy. But, you might also be wondering if there are any obstacles to filing a case and if so, how those obstacles can be successfully overcome. One of the biggest concerns for most people who file for bankruptcy is whether their case will be accepted by the Court. There has been a lot of buzz in recent years about eligibility to file bankruptcy, and changes to the laws that allow for a case to be filed. The changes were significant, and it is good to question how those changes affect your chances at filing a case.

After 2005, if you file a bankruptcy you will have to first determine which chapter you can file. This is done by putting your finances through the wringer, by way of performing a statutory test that tells whether you have enough money left over after paying secured debts, to pay any part of your unsecured debts. If so, you will be required to file a Chapter 13, and if you file a Chapter 7 instead you might face pushback from the Court and possibly the Trustee assigned to your case. The Trustee cannot stop you from filing a case, but does play a role after your case is filed. Here are some of the things to watch out for:

• A challenge by the Trustee to your case. If you have filed previous cases, the Trustee might object to you filing a new one.
• The Trustee might also as that your case be dismissed if you fail to provide his office with requested documents.
• If you file a Chapter 13 and fall behind on the Chapter 13 Plan payments, the Trustee will ask the Court to dismiss your case and deny you the relief of the bankruptcy laws.

While the Trustee is a disinterested party, he does have a lot of power. This alone can cause most people to be intimidated when facing the Trustee, but when you have a qualified bankruptcy attorney at your side, there is nothing to cause you worry. Our office has experience helping people get out of debt by filing bankruptcy, and can help you too.

For more information about bankruptcy, contact us today at We will go over the facts of your case and let you you’re your next step.

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