Can I Refile Bankruptcy If the Case is Dismissed?
While the terms "dismissal" and "discharge" may sound similar, in terms of bankruptcy law they are very different. The objective of a bankruptcy filing is to obtain a discharge of your debts, meaning you are no longer responsible for their repayment. A bankruptcy dismissal means your petition has been thrown out of court and that you are still liable for your debts. In most cases, you can refile a bankruptcy petition after dismissal.
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180-Day Waiting Period
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If your bankruptcy petition was dismissed due to fraud, your failure to obey a court order or after a creditor sought relief from the automatic stay, the court enforces a 180-day waiting period on any subsequent petitions as a penalty. During this time, you are not protected from your creditors and are subject to lawsuits, garnishments and/or judgments.
No Waiting Period
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In the case of most voluntary dismissals, you can refile your case as many times as you like, and there is no time limit. For example, if you are granted a voluntary dismissal and change your mind the next day, you can return to the bankruptcy court with a new petition and a new fee and start the entire process all over again.
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Automatic Stay
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When you file a bankruptcy petition, you are initiating the process to obtain legal protection from your creditors. The first reflection of this is the automatic stay, which prevents your creditors from continuing to pursue collection efforts against you once you file a bankruptcy petition. Typically, the automatic stay remains in effect for the duration of a bankruptcy case, after which you receive your discharge and are no longer liable for your debts. However, if you refile a bankruptcy case, the automatic stay lasts only 30 days. This shortened stay of protection is designed to prevent debtors from continually filing bankruptcy petitions simply to benefit from the automatic stay. If you filed an honest and accurate petition, you will still obtain relief when you receive your discharge.
Motions and Appeals
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Rather than refiling your bankruptcy petition, you can petition the court to reinstate your dismissed case. If your case was dismissed for a minor administrative reason, such as the failure to file a particular document or pay a fee in a timely manner, you can file a motion to reconsider, along with the missing fee or documentation. If you want to formally appeal a decision of the bankruptcy court in the dismissal of your case, you must pay a $255 appeal fee. You must file your motion or appeal within 10 days of the dismissal of your case.
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