My Bankruptcy Case Was Dismissed. Can I Refile? (2024)
Hopefully, filing for bankruptcy relief is something that you may only need to do once, but that isn’t always the case. Suppose you’ve been in Chapter 13 Reorganization bankruptcy case. Maybe you or your spouse has lost your job or you’ve just had some unexpected medical expenses come up and you were unable to make your Chapter 13 plan payments to the Court. Usually, the Court will give you some time to resume making payments, but eventually, with no payments coming in, your case will be dismissed.Filing Bankruptcy After a DischargeIt is fairly common belief that after completing a bankruptcy case, a person must wait a number of years before they are eligible to file again. There is some truth to this belief, but in reality things are a little more complicated. The law says that a person who has received a “discharge” in bankruptcy must wait several years before being eligible for discharge in another case. However, if you were in a Chapter 13 case that was dismissed before you received a discharge, then this limitation doesn’t apply. You would be free to refile immediately. If you haven’t fully recovered financially from the circ*mstances that caused your Chapter 13 to be dismissed, then you may want to consider filing a Chapter 7 case, or “straight bankruptcy.” You would be eligible for a Chapter 7 discharge even if you filed right after your Chapter 13 was dismissed.If your finances have recovered, then you can refile a new Chapter 13 case without having to wait years. However, this is a little more complicated. Normally when you file a bankruptcy case you are automatically protected by the “automatic stay.” This is the part of the Bankruptcy Code that says none of your creditors can take any action against you to try to collect a debt. Unless the Judge enters a specific order changing the protection, the automatic stay lasts the entire length of your case. But, if you’ve had a bankruptcy case pending within the last year, and you refile, then the automatic stay will only last 30 days. After that time, the protection will stop and your creditors will once again be able to contact you directly and potentially try to sue you or garnish your wages.File Motion to Extend Automatic StayTo prevent this from happening, you can file a motion with the Court asking the Judge to extend the automatic stay to cover you for the entire case. The Judge will most likely hold a hearing on the motion and you would need to appear in Court. The Judge will ask you to explain your situation and tell him what happened that made it impossible for you to finish your last case and why you believe you will successfully complete your case this time. If the Judge is confident that your second case was filed in good faith, then he can extend the automatic stay.If you have had 2 cases within the past year and file a 3rd case, then the automatic stay won’t take effect at all unless you file a motion asking the Judge to put the stay in place. After a hearing, the Judge will decide what he thinks is appropriate going forward.As you can tell from this explanation, refiling a bankruptcy case takes specific knowledge of the details of the Bankruptcy Code and court procedures to give your case the best chance for success. If you have tried to file a bankruptcy case without the help of an experienced bankruptcy attorney and your case has been dismissed, please don’t refile until you’ve spoken with an attorney! At our Bond & Botes affiliated offices we offer free initial consultations. If you need to refile a bankruptcy case or are considering filing for the first time, please contact us to discuss your situation. Our attorneys have years of experience helping people through all aspects of the bankruptcy process.The post My Bankruptcy Case Was Dismissed. Can I Refile? appeared first on Bond & Botes.
When a Chapter 7 or Chapter 13 bankruptcy case is dismissed without prejudice
without prejudice
Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action. Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future.
https://en.wikipedia.org › wiki › Prejudice_(legal_term)
Having your case dismissed means it's thrown out without having your debts discharged. When a court grants a bankruptcy discharge, it means you're no longer responsible for paying certain debts. In rare cases, you may want your bankruptcy case dismissed. If so you can file a Motion for Voluntary Dismissal.
The law states that credit reporting agencies may not report a bankruptcy case on a person's credit report after ten (10) years from the date the bankruptcy case is filed. Generally, bad credit information is removed after seven (7) years.
The Federal Rules of Bankruptcy Procedure provide for the clerk of the bankruptcy court to mail a copy of the order of discharge to all creditors, the U.S. trustee, the trustee in the case, and the trustee's attorney, if any. The debtor and the debtor's attorney also receive copies of the discharge order.
Through negotiated debt settlements, it is possible to resolve your unsecured creditor claims after dismissal. This can usually be accomplished without wage garnishments, liens, or bank levies.
When a Chapter 7 or Chapter 13 bankruptcy case is dismissed without prejudice, the petitioner can immediately refile. Most of the bankruptcy cases that are dismissed without prejudice occur due to issues related to procedure.
If a bankruptcy was reported incorrectly or contains errors, you may be able to have it removed by filing a dispute. Otherwise, you'll need to wait until the bankruptcy leaves your report on its own—after seven years for Chapter 13 bankruptcy or 10 years for Chapter 7 bankruptcy.
Moreover, the court may dismiss a chapter 7 case filed by an individual whose debts are primarily consumer rather than business debts if the court finds that the granting of relief would be an abuse of chapter 7. 11 U.S.C. § 707(b).
What Percentage of Chapter 7 Bankruptcies are Denied? Roughly 99% of Chapter 7 bankruptcy cases result in discharge of debt, not counting those that are dismissed or converted to Chapter 13, according to the U.S. Bankruptcy Court.
Previously Filed Chapter 13 and Filing Chapter 7 Now: If you received a discharge in Chapter 13, you must wait 6 years from the date you filed your previous case before you can file Chapter 7.
A Chapter Thirteen bankruptcy will stay on your credit report for seven years from the date it was filed. The dismissal of a bankruptcy does not erase the initial filing from your credit report. Rather, it simply indicates that the matter was closed without a discharge being granted by the court.
The amount of time you need to wait to apply for a conventional loan after a Chapter 13 bankruptcy depends on how a court chooses to handle your bankruptcy. If the court dismisses your bankruptcy, you must wait at least 4 years from your dismissal date before you can apply.
If the court dismisses your bankruptcy without prejudice, it means that you can immediately file another bankruptcy case (as long as you are otherwise eligible).
Saying that a case has been “disposed” means that it has been closed. A case can be disposed for many reasons. In some cases, the case can never be reopened. In other cases, the case can be reopened under certain circ*mstances, such as the discovery of new evidence.
An unexpected illness or sudden job loss can result in you not being able to make your monthly payments. Dismissing your Chapter 13 case and refiling can restart your three to five year payment plan and reduce your monthly payments.
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