Can a New Chapter 13 Bankruptcy Case Be Filed after Getting Dismissed?

January 24th, 2013 by Reed Allmand

 

Chapter 13 Bankruptcy

If you filed for Chapter 13 bankruptcy in the past and your case got dismissed, you may be able to file a new case.  There are several factors that may need to be reviewed this time around.  It is likely your situation has changed or is different from when you filed previously.  Because of this, you should discuss the possibility of filing a new case with your attorney before proceeding.

Usually, a debtor can file a new Chapter 13 case after a previous dismissal for certain reasons.  Your attorney may want to review why your case got dismissed.  It’s common for a case to get dismissed when a debtor wasn’t able to make payments or didn’t have enough money to make them.

Another issue that may be reviewed includes whether or not the automatic stay can be enforced for more than 30 days.  In Chapter 13 bankruptcy, if you decide to file a new case within one year of the first filing, the automatic stay may only be limited to 30 days until the court grants an extension for the entire length of the bankruptcy.  This process alone may vary depending on your court district.

If there are no objections, an extension may be granted without a hearing, but again, this depends on the process according to your district. If you are required to attend a hearing you may need to explain why you want to file another case.  Your reasons should be more detailed, aside from the fact you want to stop creditors from repossessing or foreclosing on your property.  If you believe you can successfully complete your new case, discuss the filing process with your attorney.

Reference: http://www.bankruptcylawnetwork.com/can-i-refile/

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About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

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