Will the Judge approve my bankruptcy?

A frequent concern of clients starting the bankruptcy process is whether their bankruptcy will "go through" or if "the judge will approve it."

Chapter 7

For debtors who honestly disclose their assets, property, and financial transactions, chapter 7 bankruptcy tends be an objective and predictable process. In many chapter 7 bankruptcies, no matter ever comes up that even requires bankruptcy judge review.

Higher-income debtors might face a challenge to eligibility raised by the bankruptcy administrator. For more information, see our content about Means Testing.

Chapter 13

The biggest question for chapter 13 is whether the chapter 13 plan is workable: (1) the debtor can pay as proposed, and (2) the plan can be confirmed. The plan payment is proposed by the debtor, and the debtor will know going into the case what he or she has to do in these regards. Most chapter 13 plans contain conventional terms that reflect well settled law. For example, there is little question that a debtor can propose a plan that catches up missed mortgage payments over the life of the plan while continuing the ongoing mortgage payment. In short, a chapter 13 debtor will know going into the case what has to be done to make it work and if there are any significant risks.

In summary, bankruptcy is generally an objective process. If you comply with the law and requirements for being a debtor, you get the relief you seek. You seldom must pled your worthiness for relief. Federal law says that everyone is presumed worthy.

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This question-and-answer post is made available for educational and informational purposes only and to promote a general understanding of the law, and not to provide specific legal advice. In order to provide a concise response, the author must make certain assumptions about the ordinariness of the situation underlying the question posed, assumptions which may not apply to your real circumstances. Use of this site does not create an attorney-client relationship. Reading this post is not a substitute for obtaining legal advice based on the unique facts of your situation from an attorney licensed to practice law in your state. No representation is made regarding the currentness of the information contained in this post. Examples that may be provided in this post are merely for illustrative purposes; the results in your case may be different and no results are guaranteed.