Can your bankruptcy case be denied?

Yes. Your Chapter 7 case can be dismissed for means test failure, abuse, or bad faith. Your discharge can be denied for fraud, concealment, or false statements. Chapter 13 cases can be denied confirmation if the plan does not meet legal requirements.

What is the most common reason for bankruptcy denial?

For Chapter 7, the most common reason is failing the means test under 11 U.S.C. Section 707(b). For Chapter 13, the most common reason is an infeasible plan that does not meet the requirements of Section 1325. For either chapter, incomplete paperwork is a frequent cause of dismissal.

What happens if bankruptcy is denied?

It depends on the reason. If dismissed for incomplete paperwork, you can usually refile. If dismissed for abuse or bad faith, you may face a 180-day bar on refiling under 11 U.S.C. Section 109(g). If your discharge is denied, the debts survive and you cannot eliminate them.

Can you refile after bankruptcy is denied?

Usually yes, unless the court imposed a bar on refiling. Under Section 109(g), a debtor whose case was dismissed for willful failure to comply with court orders may be barred from refiling for 180 days. Serial filers may face reduced or no automatic stay protection under Section 362(c).

Can Bankruptcy Be Denied?

~33% Ch. 13 cases dismissed (national avg)

180 days Potential refiling bar after dismissal

8 years Ch. 7 to Ch. 7 discharge bar

Three ways bankruptcy can fail

When people ask "can bankruptcy be denied?" they usually mean one of three different things:

Case dismissal. The court throws out your case before you get a discharge. Common reasons: failing the means test, incomplete paperwork, bad faith filing, or violating court orders.
Discharge denial. Your case proceeds, but the court refuses to grant you a discharge. This means all your debts survive. Grounds include fraud, concealment, and false statements under 11 U.S.C. § 727(a).
Plan denial (Chapter 13). The court refuses to confirm your Chapter 13 plan because it does not meet the legal requirements of 11 U.S.C. § 1325. You can amend and resubmit, but repeated failures lead to dismissal.

Common reasons for denial

Chapter 7 Denial

Means test failure, totality of circumstances abuse, and other reasons your Chapter 7 case can be dismissed.

Means Test Failure

How the means test works, what happens if you fail it, and your options if your income is too high for Chapter 7.

Bad Faith Filing

What constitutes bad faith in bankruptcy. Serial filings, timing abuse, and filing to delay creditors.

Prior Dismissal

How a prior dismissal affects your new case. Reduced automatic stay, refiling bars, and repeat filer rules.

Incomplete Paperwork

Missing documents, unfiled schedules, and procedural failures that lead to case dismissal.

Fraud and Concealment

How hiding assets, lying under oath, and destroying records can result in permanent denial of discharge.

What to Do If Denied

Your options after denial -- refiling, converting to another chapter, appealing, or negotiating with creditors.

FAQ

Common questions about bankruptcy denial, dismissal, and what happens next.

Discharge denial is permanent for that case. If the court denies your discharge under § 727(a), there is no second chance in that case. All debts survive. You may be able to refile a new case in the future (subject to time bars), but the denial stands for the current case.

Dismissal is usually not the end. Most dismissals are for procedural reasons (incomplete paperwork, missed deadlines) that can be corrected. You can typically refile after fixing the problems, unless the court imposes a bar on refiling.

Three ways bankruptcy can fail

Common reasons for denial

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