Can You Reinstate a Bankruptcy After it Has Been Dismissed?
If you have filed for bankruptcy, your aim was to have your debts discharged. If you receive a dismissal rather than a discharge, you understandably want to file your case again. Generally, the bankruptcy code does not bar any person from filing for bankruptcy at any time. Therefore, you can file for bankruptcy again after your case has been dismissed.
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Dismissal
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If the bankruptcy court dismissed your case, that means that the court terminated your case without entering a discharge or denying you a discharge. At this point, your creditors can come after you in the same ways they did before you filed your case. You filed for bankruptcy to receive relief from your creditors, and the sooner you file your case again, the sooner you can gain this relief in the form of an automatic stay.
Reasons for Dismissal
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A bankruptcy court may dismiss a bankruptcy case for any number of reasons, and usually when a bankruptcy case has been dismissed the person who filed the case will be free to file again. Your bankruptcy case can be dismissed for your failure to pay the appropriate filing fee; for failing to provide a list of your creditors in a timely manner; for failure to prepare and file the required bankruptcy schedules; for failure to provide a statement of financial affairs; and for filing the incorrect chapter of bankruptcy, among other things. If the bankruptcy court dismissed your case for any of these reasons, you can refile your case by providing the proper information to the bankruptcy court.
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Voluntary Dismissal
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On the other hand, if you voluntarily dismissed your own case to avoid your creditors collecting from you, the bankruptcy court may not allow you to file for bankruptcy again at any time. This happens when you have property in your possession for which you owe one of your creditors. By filing for bankruptcy, you come under the protection of the automatic stay, but a creditor can ask that the automatic stay be lifted.
180-Day Wait
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Imagine that you have purchased a car. You file for bankruptcy and cease making payments on the car. Ordinarily, your lender could repossess the car, but because you are protected by the automatic stay, your lender cannot repossess the car without the permission of the court. Therefore, the lender files a motion to lift the automatic stay with the bankruptcy court. Instead of allowing the bankruptcy court to lift the automatic stay, you voluntarily dismiss your case. In this case, you could not file for bankruptcy again within the next 180 days. Other instances in which you must wait at least 180 days to file your case again include failing to appear when called before the bankruptcy court and failing to comply with an order of the bankruptcy court.
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