The One Reason Why Your Bankruptcy is Denied
Deadlines are not arbitrary dates set the by the court. They’re important benchmarks in any filing, civil or criminal, and failure to meet them can get a case kicked out of court before the judge hears any arguments. How your legal team manages the filing requirements of your claim for bankruptcy protection is just as important as the work they perform accumulating necessary document and developing a compelling case. You, too, can help the process along by keeping a few simple rules in mind as your filing progresses towards the date when all your paperwork must be in to the court.
Don’t Depend on Technology to Save You
Technology — cell phones, email, the Internet — allows instant communication, provided everything goes according to plan.
Procrastination sets you up for later if there’s even a small problem at the last minute. As more states move to electronic filing requirements for bankruptcy (and other) documentation, the prospect for a last-second computer crash or Internet issue increases. There’s even precedent to support that the court isn’t about to give a deadline extension just because the Internet connection was wonky while your attorney was trying to forward the documents to the courthouse. In Arizona, the courts ruled that they did not have authority to grant a retroactive extension of a filing deadline after technical problems prevented counsel from meeting an electronic filing deadline. A higher court affirmed that decision on appeal.
No Relief for Untimely Filing
The sad fact of the matter is, you’re not the only filing for bankruptcy — chapter 13, 7, or otherwise. The courts are jammed full of petitions and motions to consider, and allowing every filer the ability to extend their deadlines after the fact could push decisions back months, if not years. In multiple instances, courts have ruled (both at the federal and local level) that they do not possess the authority to cure an untimely bankruptcy filing. Arizona could the precedent that sets the standard for other states across the country, making it near impossible for bankruptcy filers and creditors challenging the filing to mount effective cases if they can’t present the necessary paperwork on time. Isn’t that the way it should be?
Clients Helping Out the Attorneys
Going through a financially difficult time is stressful enough on its own without a bankruptcy filing looming overhead. You may not have the energy to crawl out of bed in the morning, let alone gather up financial documents for your attorney. While a law firm’s legal team can gather up the lion’s share of documentation on your behalf, there are always personal accounts — bank statements, tax returns, etc. — that you can provide much more easily than lawyers can obtain them from governmental or financial sources. Providing that information can speed up the filing process and reduce the chances of a case-ending missed deadline.
If you, or someone close to you, is unable to pay their bills and faces collection practices from creditors, bankruptcy may a viable option to end their financial crisis. Contact our attorneys today for a consultation with experienced professionals with decades of experience helping people get back on their feet.