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When a Sacramento Bankruptcy Lawyer may not be Enough

Financial difficulties can befall anyone, and when they do, people luckily have a few options to keep their heads above water. Filing for bankruptcy is definitely one of these options, and with help from the right Sacramento bankruptcy lawyer, an individual can survive just about any financial turmoil that they’re going through. It should be noted, though, that bankruptcy doesn’t always play out how a person wants. In fact, there are some instances where they may be barred from successfully filing.

Capable Denied Red Grunge Stampof Paying Bills

There’s no doubt that there are individuals out there looking for a way to avoid auto repossession or simply asking themselves the question, “Can I stop a wage garnishment or bank levy?” Fortunately, there are ways; but if the courts believe that a person is capable of paying their bills and just attempting to avoid the responsibility, they could throw out the individual’s bankruptcy claim.

Fortunately, a person with a bankruptcy lawyer in Sacramento can sit down with the legal professional and usually figure out whether they’re eligible beforehand. Courts will often deny a filing of bankruptcy if it’s discovered that the person’s income is above the Californian state median. If this is the case, a “means test” will be done to see if a person should be allowed to file Chapter 7 bankruptcy discharge. Even if they can’t, however, it’s still possible to file for Chapter 13.

Prior Bankruptcy Granted

One of the quickest ways to be disqualified from successfully filing for bankruptcy is to have successfully filed previously. This, of course, doesn’t mean successfully filing is a permanent disqualification from filing again, but a person must wait at least 8 years after being granted a Chapter 7 discharge. Similarly, 6 years must elapse after successfully filing for Chapter 13 protection.

Suspicious Activities before Bankruptcy

Most individuals file bankruptcy because they have no other option, and a Sacramento bankruptcy attorney can definitely help in these situations. Sadly, though, there are those out there who will go on spending sprees with the thought that they’ll simply be able to file bankruptcy to avoid having to make payments on their lavish expenses. Most of these people, however, are in for a rude awakening.

If the courts notice that an individual ran up debt knowing they had no way to repay, it’s likely their case will be dismissed. Similarly, if it appears as if a person has “gifted” assets to friends or family in an effort to hide these assets from the courts or their creditors, the judge is very likely to catch on to the scam. Fortunately for those who really need help, bankruptcy is usually granted when no obvious red flags arise and the right legal help is obtained.

Speak with a bankruptcy attorney today and find out how getting a fresh start is as easy as pressing the restart button! Call now 916-446-1791

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