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Can a Judge ever turn down a bankruptcy petition?

April 26, 2017Bankruptcy judge petition turn

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Can a Judge ever turn down a bankruptcy petition?

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Yes – A judge may decide that you have enough income or assets to reorganize (Chapter 13) rather than eliminate your debts (Chapter 7). S/he may dismiss your Chapter 7 bankruptcy case. (11 U.S.C. § 707(b)) This situation usually comes up when the person appointed to oversee your case (the trustee) believes that you could pay back some (or all) of the debt that you owe. If your monthly income is enough greater than your monthly expenses, you may be able to file for a Chapter 13 bankruptcy instead.