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Frequently, Texas residents are disqualified from filing a Chapter 7 bankruptcy because they didn’t pass the means test. Failing the means test typically indicates that while someone is in a financial bind, they do have the ability to pay their debts over time. However, the means test isn’t the only reason someone might be unable to file. Here’s what you should know. 

False or Unreliable Information  

It’s critical that the information you provide to the bankruptcy court and the trustee involved in your case be truthful and accurate. If you lie or don’t provide reliable information, it could prevent you from filing. 


You may be disqualified from filing a Chapter 7 bankruptcy if you: 


  • Have kept information hidden from the trustee in your case 
  • Have lied about or misrepresented the information on your initial claim 
  • Have concealed, destroyed, or falsified financial records 
  • Have destroyed, concealed, or transferred property or other assets to defraud creditors 


Failure to Cooperate 


When you file for any type of bankruptcy, you’ll need to comply with court orders and cooperate with officials. If you don’t answer questions asked by a judge or your trustee, or don’t comply with orders, your ability to file may be at risk. 


A Chapter 7 bankruptcy may not be an option if you: 


  • Refuse to cooperate with officials 
  • Don’t answer questions about your finances 
  • Can’t account for money or other assets that are missing or lost 

Prior Bankruptcy Case 


If you filed for bankruptcy in the past, this doesn’t necessarily mean that you can’t ever file again. However, some regulations exist to prevent abuse of the bankruptcy system. 


You cannot pursue a Chapter 7 bankruptcy if: 


  • You received an approval by a bankruptcy court on a discharge waiver in your Chapter 7 filing 
  • You were given a discharge in your Chapter 7 bankruptcy filing within the last eight years 
  • You were granted a discharge in a Chapter 13 bankruptcy case within the last 6 years, with some exceptions 

Interested in Filing a Chapter 7 Bankruptcy in Texas? Get Legal Help Today 

If you’re struggling financially, a Chapter 7 bankruptcy may be a solution. However, you’ll need a professional to help you file — DIY bankruptcy offers across the internet make lofty promises that almost never pan out. You have the best opportunity for success when you work with an experienced Texas bankruptcy attorney. Your lawyer can assess your financial circumstances and recommend the most appropriate action. 


Call Sims Bankruptcy Law, LLC today for a consultation at (469) 751-7467 (Dallas) or (254) 304-7161 (Central Texas). 


By : First Page Attorney | October 7, 2019 | Bankruptcy